43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D.

False Advertising 70

False Advertising Ownership Registration Designs 70

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 118

Blogging Law Contracts Cease and Desist 118

IP Tech Blog

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 57

Advertising Advertising False Advertising Public Use 57

43(B)log

MARCH 14, 2023

Ah, how I wish courts would apply the same scrutiny to trademark harm stories. As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. 2023 WL 2466624, No.

False Advertising 57

False Advertising Advertising Advertising Business 57

IIPRD

AUGUST 4, 2022

Trademarks. The easiest method to accomplish this is to register a trademark. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites. Trademarks encompass Instagram handles, YouTube channels, and user names on numerous social media sites.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. They then allegedly “hijacked” plaintiffs’ Facebook page—their main online platform—to promote Tito & Tita, a competing business.

Social Media 70

Social Media Advertising Advertising Business 70

43(B)log

APRIL 29, 2022

He was personally involved in the relevant conduct, including patenting and reporting to Amazon, so he could be liable for “tortious misuse” of patent and trademark rights.

Advertising 44

Advertising Advertising Contracts Patent 44

43(B)log

AUGUST 12, 2021

Safelite counterclaimed for various business torts/CFAA violations. Safelite’s business focuses on “sale and installation of replacement windshields.” They also argued that Safelite’s ads denigrated their products/services, given that “Plaintiffs’ business is premised on long-crack repair. can be safe and is viable.”

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will.

False Advertising 117

False Advertising Advertising Advertising Law 117

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. The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Moseley on remand: use on a sex-related business is presumed to tarnish. (2)

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

AUGUST 3, 2023

Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). 57% say sellers could be liable for false etc. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

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

FEBRUARY 19, 2022

The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. It’s ok for businesses to do most profitable things.

Law 117

Law Branding Brands Branding 117