43(B)log

OCTOBER 16, 2024

Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falsely advertised?

False Advertising 59

False Advertising Marketing Marketing Advertising 59

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. 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. Labeled search results. Reyes & Adler v.

Advertising 111

Advertising Advertising Settlement Trademark 111

43(B)log

SEPTEMBER 7, 2021

and [the] Coach” brand. accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them. 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

APRIL 25, 2023

Purlife Brands, Inc., 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. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo.

False Advertising 45

False Advertising Advertising Advertising Social Media 45

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). . * Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). . * Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v.

Trademark 110

Trademark Advertising Advertising Settlement 110