43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. The court declined to dismiss the counterclaims.

Marketing 57

Marketing Marketing False Advertising Advertising 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. Citing, among others, Enigma Software Grp. USA, LLC v. Bleeping Comput.

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in US” can also work. Joseph Lewczak: FTC v. Not a lot of US action on sweepstakes.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

SEPTEMBER 1, 2021

Thus, the document continued, “facilities handling ethers and ether/gasoline blends must be designed and operated to insure (1) low likelihood for spills and leaks, (2) early detection of leaks when they occur, and (3) rapid repair and cleanup when leaks are found.” If it is used, engineering design and site operations.

Advertising 57

Advertising Advertising Litigation Designs 57

43(B)log

MARCH 20, 2023

In 2010, the FDA decided to put information about diminished effectiveness for poor responders, associated with a particular genetic variant, in a black box warning, including language stating that poor metabolizers taking Plavix are more likely to have adverse cardiac events on the drug than non-poor responders. This one didn’t.

Law 44

Law Advertising Advertising Journalism 44

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? The Single judge restrained the appellant (HUL) from publishing a print advertisement and airing three YouTube videos for its product ‘Domex’. Universal City Studios v.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

SEPTEMBER 1, 2021

In fact, the name “Shelby” comes from Carroll Shelby, a race car driver and designer for Ford in the mid-20th century. This “Limp Mode” was an intentional design choice; the coolers were removed from those two packages before launch, allegedly to increase profit margins in their volume-leading Technology package.

Advertising 44

Advertising Advertising Technology Reporting 44

Trademark and Copyright Law Blog

APRIL 7, 2020

These logos, all for apparel: The design elements tend to emphasize the ornamental, non-trademark nature of the subject matter, so failure to function refusals are almost certain. , In any event, I see a failure to function refusal incoming. I also appreciate the sentiment. for apparel. A good PSA, I guess?

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 57

Advertising Advertising Marketing Marketing 57

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94