43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. Definition should be broader than sale/transportation of goods in commerce. A: False advertising context: FTC/state AGs. Lemon/lime squirt bottles indicate product and not brand.

Trademark 59

Trademark False Advertising Fair Use Branding 59

43(B)log

JULY 15, 2022

The Sloan Group is the plaintiff, alleging trademark infringement and related claims. Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.”

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Protecting brand investment and consumers? Death closes things off. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

LexBlog IP

SEPTEMBER 14, 2022

.” That same environmental information—encompassing the “E” in trending ESG—is of value to consumers who seek out and, at times, pay a premium for “green” branded products. “little FTC Act” for being modeled after the FTC Act), as well as a count for unjust enrichment.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

SEPTEMBER 7, 2021

26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Trademark infringement: This just wasn’t use in commerce. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. For false advertising, the control group respondents were exposed to the same four MiTek stimuli but with the reference numbers removed. Simpson Strong-Tie Co. 2023 WL 137478, No. 20-cv-06957-VKD (N.D.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Lemley: is/should there be contributory false advertising liability?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 3, 2024

At the Trademark Office [I feel like there’s a Panic! A: definitely could be a factor. They’ve changed the design, but still claim authenticity: the authenticity is the brand. Lemley: larger problem of TM capturing the concept of authenticity; separated from traditional goal of branding.

Designs 59

Designs Design Law Design Patent 59

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

JULY 20, 2023

“While one who provides services in exchange for a payment relies only on the payment guarantee, a purchaser of a car may choose to rely on any of a number of marketing and branding representations.” (I Or we can provide notice by using the common law definition of fraudulent misrepresentation, where the common law provides the notice.

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis.

Law 119

Law Branding Brands Branding 119