43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 57

False Advertising Advertising Advertising Registering Trademarks 57

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 57

Branding Brands Branding False Advertising 57

IIPRD

AUGUST 4, 2022

The Bombay High Court noted two major difficulties in the landmark decision Marico Limited versus Abhijeet Bhansali : The court ruled that the defendant (a YouTube.com video producer) cannot disclose deceptive material to degrade the plaintiff’s goods while claiming to be teaching or presenting the truth to the public.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Tam and Brunetti, striking down various bars on registration.

Trademark 57

Trademark Fair Use Registration False Advertising 57

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 67

Advertising Advertising Marketing Marketing 67