43(B)log

FEBRUARY 3, 2025

14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig.,

False Advertising 52

False Advertising Advertising Advertising Licensing 52

Intepat

MARCH 25, 2025

billion in 2025. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.

Copying 59

Copying Brands Branding Branding 59

The TTABlog

MARCH 11, 2025

91264923 (March 7, 2025) [not precedential] (Opinion by Judge Thomas L. Opposer offered the results of a survey on the fame issue, but the Board saw several flaws in the survey design that "sap the survey of the evidentiary impact Opposer urges." Welch 2025. Texas Department of Transportation v. Mexican Restaurants, Inc.

Registration 49

Registration Brands Branding Branding 49

Selvam & Selvam Blog

FEBRUARY 28, 2025

In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. crore (USD 5 million) for the extra marketing and advertising costs that Plaintiffs incurred to repair its damaged reputation. crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform.

Due Diligence 52

Due Diligence Intellectual Property Brands Branding 52

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. Prashant Reddy for his inputs on the post.]

Advertising 110

Advertising Advertising Reporting Designs 110

43(B)log

FEBRUARY 14, 2025

4:24-cv-75, 2025 WL 438100 (E.D. 7, 2025) The defendants published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had malignant mesothelioma but no known exposure to asbestos except through cosmetic talc. LLT Management LLC v. Emory, No.

Advertising 52

Advertising Advertising False Advertising Litigation 52

43(B)log

FEBRUARY 14, 2025

Allen Interchange LLC, 2025 WL 465815, No. 11, 2025) This discovery dispute says some interesting things about gray market goods. Allen maintained that the parts it sold bore the same part numbers and were identical in design, function, and quality as Toyota parts that are intended for sale in the U.S. Toyota Motor Sales, U.S.A.,

Marketing 52

Marketing Marketing False Advertising Advertising 52

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Goodyear, "Queer Trademarks."

Designs 59

Designs Design Registration Trademark 59

LexBlog IP

AUGUST 12, 2021

California and Washington state recently enacted legislation establishing a tiered system designed to increase the amount of postconsumer recycled plastic (PCR) content required for sale. 1, 2025, to Dec. 31, 2025, and requires 15% PCR by weight. California’s AB 793 sets out a schedule for beverage manufacturers to meet.

Marketing 52

Marketing Marketing Business Advertising 52

LexBlog IP

MAY 12, 2022

The CPDPA is designed to establish a framework for controlling and processing personal data. Connecticut consumers will have the right to opt out of the processing of their personal data for targeted advertising, the sale of their data, or profiling for automated decisions that produce legal or significant effects on the consumer.

Privacy 40

Privacy Law Higher Education Contracts 40

LexBlog IP

AUGUST 24, 2023

Under each of the acts summarized below, consumers will have the right to access their personal data, the right to correct inaccurate data, the right to data portability, the right to have their data deleted, and the right to opt out of targeted advertising of personal data. The law will go into effect on January 1, 2025.

Privacy 40

Privacy Law Business Higher Education 40

Technology & Marketing Law Blog

MARCH 1, 2025

For a hyperlink to be reasonably conspicuous, it must be denoted by design elements tailored to notify the reasonably prudent internet user of its presence. But there is no bright-line test for finding that a particular design element is adequate in every circumstance. In fact, the website advertises [n]o commitments.

Contracts 52

Contracts Privacy Designs Design 52

SpicyIP

JULY 8, 2024

CGPDTM Announces Dates for 2025 Trademark and Patent Agent Exams Dates for Trademark and Patent Agent Exams 2025 have been announced by the CGPDTM. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

Invention 58

Invention Art Trademark Patent Application 58

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising.

Litigation 52

Litigation Settlement Marketing Marketing 52

The TTABlog

FEBRUARY 4, 2025

91281244 (January 31, 2025) [not precedential] (Opinion by Judge Elizabeth A. The duration, extent, and geographic reach of the advertising and publicity of Opposers DIOR mark is exceptional, and has resulted in the DIOR mark remaining in the eye of the general public for decades." Welch 2025. Christian Dior Couture, S.A.

Registration 45

Registration Brands Branding Branding 45

The TTABlog

JANUARY 15, 2025

The Board affirmed a Section 2(e)(5) functionality refusal to register the product configuration shown below, for "fire extinguishing preparations," finding that applicant's advertising and its utility patents "establish the functional benefits of Applicant's proposed mark." "The indicates that the design is not de jure functional.

Design Patent 59

Design Patent Design Designs Patent 59

43(B)log

APRIL 1, 2025

Torch Electronics, LLC, 2025 WL 947506, No. 28, 2025) The parties compete in the market for retail amusement devices. Here, the Lanham Act false advertising claim survives for a jury, but the RICO claims are tossed out on summary judgment because theyre RICO claims. Torch advertises that the devices are not gambling machines.

Advertising 52

Advertising Advertising False Advertising Law 52

The IPKat

JANUARY 27, 2025

Here's what Oliver has to say: Image created by DALL-E 3 "Most UK readers will know all about the Thatchers Cider v Aldi case ( [2025] EWCA Civ 5 ), which was summarised by the IPKat here. Aldis intention to mimic Thatchers brand and avoidance of spending money on advertising its own product appeared decisive.

Advertising 72

Advertising Advertising Brands Branding 72

The TTABlog

JANUARY 6, 2025

90045780 and 90045814 (January 2, 2025) [precedential] (Opinion by Judge Thomas L. Applicant Audemars Piguet described the marks as consisting of 12 specific elements as to the first design, but only nine of the 12 as to the second design. In re Audemars Piguet Holding SA , Serial Nos. Casagrande). The Board disagreed.

Designs 49

Designs Design Advertising Advertising 49

43(B)log

JANUARY 17, 2025

2025 WL 82336, No. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armours consumer survey expert Hal Poret, but the court allowed it to rebut METs survey expert Thomas J. Under Armour, INC., 2:20-CV-664-NR (W.D.

False Advertising 52

False Advertising Advertising Advertising Designs 52

The IPKat

FEBRUARY 20, 2025

The judgment in Abbott v Sinocare [2025] EWHC 206 (Ch) , handed down earlier this month, demonstrates this difficulty, and the attempt to use shape marks to protect against similar products. That evidence included the volume of sales, Abbotts market share, and extensive advertising.

Advertising 69

Advertising Advertising Designs Design 69

The TTABlog

MARCH 21, 2025

Applicant Kason's ownership of a design patent for the same design "presumumptively indicated that the design is not de jure functional," In re Becton, Dickinson and Co. , 97602791 (March 18, 2025) [not precedential] (Opinion by Judge Thomas L. Kason spent approximately $34,480 on advertising. Welch 2025.

Design Patent 40

Design Patent Designs Design Advertising 40

43(B)log

MARCH 17, 2025

3d -, 2025 WL 814924, No. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven't seen before. The amended complaint described Clarks unearthing of the advertising scheme in 2020 after finding the law firms website describing Eddie Bauers unlawful practices. (In

False Advertising 52

False Advertising Advertising Advertising Design 52

Technology & Marketing Law Blog

MARCH 21, 2025

Amazons sale of a product, without more, does not warrant treating Amazon as the maker of the statements contained within that products commercial advertising.” I’m not sure all of the “negligent design” opinions actually respect that legal standard. 2025 WL 869209 (9th Cir. Amazon.com, Inc.

False Advertising 59

False Advertising Publishing Advertising Advertising 59

43(B)log

JANUARY 10, 2025

JKB-22-2636, 2025 WL 45827 (D. 7, 2025) Im skipping most of the patent parts, though they are very much present in the case and interact with a falsity issue. 2013), for the proposition that in a false advertising claim, it is relevant whether the alleged statements are fabricated or fraudulently created, but that was inapposite.

False Advertising 52

False Advertising Advertising Advertising Journalism 52

The TTABlog

JANUARY 7, 2025

January 3, 2025) [precedential]. The Board's finding under the second Morton-Norwich factor was unchallenged: that CeramTec's advertising touted the utilitarian advantages of adding chromium oxide to ZTA ceramic compounds; this evidence also constitute[s] strong evidence of functionality. Welch 2025. CeramTec GmbH v.

Registration 45

Registration Trademark Designs Design 45

43(B)log

FEBRUARY 27, 2025

2025 WL 576549, No. 17, 2025) Pacira alleged that its competitor (here Ventis) violated the Lanham Act by making claims about its drugs relating to (1) exemption from FDA approval, (2) FDA approval, and (3) comparative superiority, safety, and efficacy. Pacira BioSciences, Inc. Ventis Pharma, Inc., 2:24-cv-07554-MRA-RAO, (C.D.

Advertising 52

Advertising Advertising False Advertising Marketing 52

The TTABlog

FEBRUARY 25, 2025

97503026 (February 21, 2025) [not precedential] (Opinion by Judge Elizabeth A. The record evidence further included articles regarding the origin of the BRILLIANT and ROSE cuts, articles regarding the availability of new cuts through laser tools and computer-aided design, and corroborative industry references by jewelers. Welch 2025.

Registration 45

Registration Technology Designs Design 45

Technology & Marketing Law Blog

FEBRUARY 8, 2025

2025 WL 336741 (S.D. 30, 2025) MORE ON DOE V. The court says Pornhub creates new content in multiple ways: “Defendants create new CSAM by creating thumbnails that advertise CSAM videos to users, which is done for every video on the sites.” ” Case Citation : Doe v. Fenix International, Ltd.

Blogging 59

Blogging Advertising Advertising Law 59

Technology & Marketing Law Blog

FEBRUARY 18, 2025

.” Section 230 The plaintiff tried the standard Section 230 workaround of trying to frame the case about Grindr’s design and configuration choices, rather than the third-party content exchanged on Grindr. I wonder about this ruling’s impact on other negligent design cases, most prominently the Social Media Addiction cases.

Design 64

Design Designs Blogging Social Media 64

Technology & Marketing Law Blog

JANUARY 6, 2025

Starting January 1, 2025, the law applies when the services have “actual knowledge” that users are minors. This delegation to rulemaking is designed to sidestep the fact that the California legislature still has zero clue about how to implement age authentication. This judge needs an education in media studies STAT.

Social Media 52

Social Media Privacy Publishing Law 52

Technology & Marketing Law Blog

DECEMBER 23, 2024

How can a “back-office business services” vendor owe a duty to its customer’s customer’s customer, especially when the plaintiffs concede that “Salesforce had ‘nothing to do’ with the trafficking advertisements posted on Backpage”? Note: the opinion was written by Trump 1.0-appointed

Publishing 59

Publishing Blogging Advertising Advertising 59

Technology & Marketing Law Blog

JANUARY 9, 2025

Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. As a result, Section 230 is on the extinction watch list in 2025. I will be shocked if it survives to see 2026.

Social Media 102

Social Media Law Government Privacy 102