43(B)log

JANUARY 6, 2022

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. The proposal allegedly incorporated identical text and pictures that LStar used to promote two other developments. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The TTABlog

AUGUST 18, 2022

TMRR conceived of a mortgage financing program that would be run by a Native American Tribe, and it contracted with the Paiute Indian Tribe of Utah (CBC) to implement and operate the program. TMRR created the mark CHENOA FUND and the logo. Under the MSA, TMRR is deemed CBC's "agent" and "contracted day-to-day operator."

Ownership 45

Ownership Registration Service Mark Contracts 45

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors.

Artwork 119

Artwork Trademark Publishing Marketing 119

The TTABlog

SEPTEMBER 15, 2021

Because the services are in part legally identical, the Board presumed that those services travel in the same trade channels to the same classes of consumers. Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark.

Advertising 45

Advertising Advertising Service Mark Contracts 45

Garrigues Blog

SEPTEMBER 14, 2022

In fact, since the adoption of the Paris Convention for the Protection of Industrial Property in 1983, which applies to both Spain and the United Kingdom’s industrial property systems (among others), contracting States are required to refuse the registration and to prohibit the unauthorized use of trademarks including armorial bearings (e.g.,

Intellectual Property 52

Intellectual Property Brands Branding Branding 52

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

Intellectual Property 52

Intellectual Property Registration Music Design 52