Remove Blogging Remove False Advertising Remove Trademark Law
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Even in default, it's not TM infringement to resell legitimate goods (but maybe false advertising to call them new)

43(B)log

13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.”

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VIRTUAL FASHION, REAL LEGAL BATTLES: IP CHALLENGES IN FASHION NFTs

Intepat

This case highlights the complexities of trademark law in the NFT ecosystem, where artistic freedom often clashes with brand protection. The outcome underscores the importance of trademark enforcement in safeguarding brand reputation, particularly in an era where digital assets are increasingly intertwined with physical products.

IP 52
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Even without standing, Jones failed to state a claim for false association or false advertising.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

Facebook appeared first on Technology & Marketing Law Blog. Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech.

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. However, Elysium didn’t show that all the pages of the blog had a Tru Niagen banner, only the homepage. [I

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. lululemon appeared first on Technology & Marketing Law Blog. Reyes & Adler v.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. The post Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Reyes & Adler v.