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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Court Prunes a Thicket of Claims and Counterclaims and Excludes Expert’s Design Patent Infringement Opinion 

JD Supra Law

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret.

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Judge Noreika Grants Defendant’s Post-Trial Renewed Motion for Judgment as a Matter of Law Reversing the Jury’s Finding of Liability for False Advertising under the Lanham Act and Award of Punitive Damages Against Defendant

Delaware Intellectual Property Litigation Blog

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. The Court granted Defendant’s motion for two reasons. A copy of the Memorandum Opinion is attached.

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Dastar bars false advertising claim against "first of its kind" ads

43(B)log

Plaintiff may not directly challenge the Recool as infringing its patents, but just as in Dastar and Sybersound , it is trying to protect its intellectual property rights through the Lanham Act.” There was no meaningful distinction between claims of being the “first” and claims of inventorship. Zobmondo Ent.

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Local Medical Supply Store Sued for Selling Counterfeit Products

Indiana Intellectual Property Law

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. 5,572,801 and 6,069,279.

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Once Again, the ITC Finishes the Year with a Flurry of New Complaints

LexBlog IP

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

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Once Again, the ITC Finishes the Year with a Flurry of New Complaints

IP Tech Blog

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.