43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

False Advertising 72

False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 138

Trademark False Advertising Advertising Advertising 138

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In reaching its holding, the Court found that “Congress intended to limit the definition of ‘inventor’ to natural persons” which means humans – not artificial intelligence. A copy of the Memorandum Opinion is attached. at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. It’s market definition.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. It didn’t advertise directly to clinicians or consumers, aside from the product label and package insert. Did the non-label/package statements qualify as “commercial advertising or promotion”? ExeGi Pharma, LLC v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

MARCH 10, 2023

24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.

False Advertising 59

False Advertising Advertising Advertising Copying 59

43(B)log

OCTOBER 11, 2022

Nor could the state short-circuit constitutional analysis by adopting definitions of, e.g., “chorizo.” “[T]he simple use of a word frequently used in relation to animal-based meats does not make use of that word in a different context inherently misleading.” Thus, Central Hudson applied.

Law 56

Law False Advertising Designs Design 56

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. HULM Entertainment v.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. I don’t think that’s true either. 3) Functionality.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 3, 2024

A: definitely could be a factor. You can copy a Rembrandt and do a beautiful job but it’s not a Rembrandt.” Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. We like copying!

Law 119

Law Branding Brands Branding 119