JD Supra Law
OCTOBER 17, 2024
On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc.
43(B)log
AUGUST 29, 2024
22-cv-540-jdp, 2024 WL 3936444 (W.D. 26, 2024) The parties compete in the hand-held gardening tool market. Fiskars Finland OY AB v. Woodland Tools Inc., Woodand’s founders testified that they designed at least some part of every Woodland product in the United States, and Fiskars does not offer any evidence to contest that testimony.”
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43(B)log
OCTOBER 28, 2024
Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D. It was insufficient to provide: 1.
43(B)log
MAY 13, 2024
2024 WL 2091994, No. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. There is simply no conflict between the State’s interest in ensuring its consumers are not misled by false advertising and any federal interest in regulating environmental pollution.”
43(B)log
APRIL 29, 2024
Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.
43(B)log
MAY 13, 2024
The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.
43(B)log
FEBRUARY 16, 2024
2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co.,
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