43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). False designation of origin: Yep.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

SEPTEMBER 28, 2021

Entrepreneur has 15 federal registrations that include the word “entrepreneur.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” So the motion to add a false advertising claim was denied without prejudice.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1)

False Advertising 45

False Advertising Advertising Advertising Copyright 45

43(B)log

FEBRUARY 26, 2024

The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.” came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. It was not. NO Registering.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 21, 2021

R]eferences to classroom locations and physical attendance requirements in Columbia’s syllabi, departmental policies and handbooks, and course registration portal … merely memorialize the pre-pandemic practice; they offered no guarantee that it would continue indefinitely.”

False Advertising 59

False Advertising Contracts Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” That prompted this litigation. ” The right answer should be “no one.”

Trademark 129

Trademark Advertising Advertising False Advertising 129

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT created an ad for its products using two images of Montana post drivers for which Creager later obtained a copyright registration. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

FEBRUARY 16, 2023

Fraud [not, apparently, pled as fraud on the PTO but argued that way]: “Fraud in procuring a mark occurs when an applicant knowingly makes false, material representations of fact in connection with an application.” “[T]he burden of proving that a party fraudulently procured a trademark registration is heavy.”

False Advertising 87

False Advertising Registration Trademark Advertising 87

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 98

Advertising Advertising False Advertising Trademark 98

43(B)log

APRIL 15, 2024

The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. Marketing channels: “Merely showing that both businesses advertise on the internet is insufficient to show marketing channel convergence.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 27, 2024

PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. A consumer complaint cited by PNC might be relevant to false advertising, but didn’t obviously show trademark confusion: Venmo says they have lost connection with my bank – sounds like Venmo’s problem.

Advertising 52

Advertising Advertising False Advertising Design 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [Does this create an affirmative obligation to include images?

Trademark 144

Trademark False Advertising Advertising Advertising 144

JD Supra Law

JULY 20, 2023

The Lanham Act provides for a national system of trademark registration and creates federal causes of action for trademark infringement, trademark dilution, false advertising, and cybersquatting. 1051 et seq. By: McAfee & Taft

False Advertising 52

False Advertising Advertising Advertising Registration 52

43(B)log

APRIL 29, 2024

The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

Indiana Intellectual Property Law

OCTOBER 27, 2023

1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. Court documents show that Banjo has received a Trademark registration ( No. also known as TerreMax ) for Trademark infringement under 15 U.S.C. Continue reading

False Advertising 52

False Advertising Trademark Advertising Advertising 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Design 72

Indiana Intellectual Property Law

JULY 16, 2021

Trademark Registration No. ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

SpicyIP

SEPTEMBER 20, 2021

Further details, including the link for registration, are provided in the post here. The deadline for registration for the webinar is September 20, 2021. The deadline for registration for the webinar is September 20, 2021. Further details, including the link for registration, are provided in the post here.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion. Trademark infringement: This just wasn’t use in commerce.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. BTL Industries holds several trademarks related to its products, including the EMSCULPT trademark under USPTO Registration No. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 7, 2023

But Paul Mitchell, they allege, once imported those products into China and registered them with the Chinese government—at a time when Chinese law required that companies test cosmetic imports on animals as a condition of registration. And, according to the complaint, Paul Mitchell was not exempt from that requirement.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

OCTOBER 31, 2022

But the claim still failed for failure to plead registration of those photos, though again there was leave to amend. Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. 3d 1137 (9th Cir.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

IP and Legal Filings

SEPTEMBER 14, 2023

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

Branding 98

Branding Branding Brands Trademark 98

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. It has registrations for the word marks “Litter-Robot,” “Litter-Robot 3,” “Litter-Robot 3 Connect,” and “Litter-Robot Pinch Detect.” Automated Pet Care Prods., Purlife Brands, Inc.,

False Advertising 45

False Advertising Advertising Advertising Social Media 45

43(B)log

OCTOBER 11, 2023

22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The district court doesn’t appear to care about what the registration is for; I had to look it up.)

Licensing 49

Licensing False Advertising Advertising Advertising 49

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. Cases about false advertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In

False Advertising 59

False Advertising Artwork IP Advertising 59

LexBlog IP

JANUARY 31, 2024

.” Specifically, Disney owns a federal trademark registration for an iconic video clip from the “Steamboat Willie” film, which is used in connection with certain Disney motion pictures. They should closely consider whether these proposed uses present trademark and false advertising risks.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

SEPTEMBER 1, 2021

Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration. False advertising/passing off: Same basic problems. Defendants allegedly sold three alcoholic beverages under the name “Peaky Blinder” and used quotations/sayings/phrases from the show.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. Plaintiffs did better on aspects of their Utah Truth in Advertising Act (UTAA) claims that did not require showing likely confusion. (Is Summary judgment for defendants. So it could go to trial.

False Advertising 59

False Advertising Law Advertising Advertising 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 40

False Advertising Confidentiality Copyright Infringement Contracts 40