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Dawgs’ (“Dawgs”) counterclaim for falseadvertising under the Lanham Act. This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Crocs largely prevailed in those actions. 1125(a)(1)(B) (Section 43 of the Lanham Act).
In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act falseadvertising claim survived. Comment: This is a proximate cause question.
” I’ll focus on the falsedesignation of origin claim regarding Troia’s keyword ads. ” Following mid-2000s cases like Lamparello and Lucas Nursery , we rarely see such unforgiving anti-griper opinions that twist the Lanham Act to cover circumstances it was never designed to cover. Reyes & Adler v.
Baden, a basketball manufacturer, argued that Molten had engaged in falseadvertising when Molten claimed that its basketballs were ‘innovative,’ ‘exclusive,’ and ‘proprietary’ when its ‘innovative’ layer of padding beneath the cover was invented by Baden, not Molten.”
17, 2023) Another entry in the “courts treat Lanham Act falseadvertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for falseadvertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.
Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/falseadvertising/deceptive trade practices under Hawaii law. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or falseadvertising, § 1125(a)(1)(B)?
The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to falseadvertising claims and other claims that are based on purportedly false representations.” This argument has failed so many times. See, e.g., the cited Ynfante v. Google opinion. ” Cites to Perfect 10 v.
Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned. But what about falseadvertising?
Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for falseadvertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.
May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Email communications repeatedly referenced Sanho’s design, and expressed a desire to use similar elements in its own product.
Falsedesignation of origin/falseadvertising: Lasoff v. And it dismissed falseadvertising claims as “duplicative of his infringement claim.” “[T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” So too here.
Carrier & Rebecca Tushnet, An Antitrust Framework for FalseAdvertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that falseadvertising harms competition. Federal law also presumes that falseadvertising is harmless or even helpful to competition. This makes no sense.
He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” Falseadvertising: Only ok against Kitchen Cube. 8-23-cv-01698-MEMF-ADS (C.D.
The design, implementation, and utilization of the relevant defendants’ load balancing software necessitated the their knowledge of the entire scheme: it was designed and used for rotating merchant accounts to avoid detection of a scheme to defraud consumers.
27, 2021) Ideavillage sued CCB for trademark infringement and falsedesignation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a falseadvertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.
Falseadvertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” Falsedesignation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim.
2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and falseadvertising violations. Surprisingly, the antitrust claims survive, as do falseadvertising claims agains Zillow. C21-312 TSZ, 2021 WL 3930694 (W.D. NAR “is the nation’s largest trade association for real estate professionals.”
22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to falseadvertising difficult.
7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act falseadvertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly falseadvertising to the physicians.
25, 2022) I know it probably seems sometimes like I approve of every expansive use of falseadvertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the falseadvertising would not be possible.”
Plaintiffs allegd both direct and contributory falseadvertising, which requires (1) that the “third party in fact directly engaged in falseadvertising that injured the plaintiff” and (2) “that the defendant contributed to that conduct either by knowingly inducing, or causing the conduct, or by materially participating in it.”
pictures of not-good plywood from case Plaintiffs alleged both direct and contributory falseadvertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir.
Although the court dismissed a contract claim, copyright and falseadvertising claims survived. And they allegedly copied golf courses created on Perfect Golf’s course design platform. And then the court upheld a falseadvertising claim that seems quite problematic to me. 3d 1137 (9th Cir.
The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal falseadvertising claims.
and its affiliated parties (“Woodland”), asserting design patent infringement, falseadvertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP
7, 2022) The court upheld a contempt finding based on an underlying falseadvertising claim. The district court found that these violations caused harm because they “were designed to create a false continuity between Italian VSL#3 and the De Simone Formulation so that VSL#3 could keep its prior customers and potentially poach new ones.”
23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.
15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its falseadvertising, trademark, and copyright claims. (It
This alleged chutzpah triggered the falseadvertising element of the case. “[T]he Falseadvertising under the Lanham Act: The court identified two theories. (1) Falseadvertising under the Lanham Act: The court identified two theories. (1) Query: are there actual damages? How would they be assessed?
TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and falseadvertising relating to five of TaylorMade’s patents related to golf irons.
17, 2020) A lot of stuff here; I will ignore the non-falseadvertising related aspects of this mostly antitrust case. The court says the usual not-good things about falseadvertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.
Injury: Damages and disgorgement under the Lanham Act require injury (for falseadvertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon). And economic analysis is a valid means of proving an injury caused by falseadvertising.
21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”
or falseadvertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish? or the exclusive rights over a recipe – breach of confidentiality?;
It also criticized Lokring products and toolings and stated that “The major flaw in the Lokring design is the thin cross section in the middle of the fitting where the two pipes meet…. Its head of product development testified that the thin cross section had, as designed, worked acceptably for over 25 years.
24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act falseadvertising, Massachusetts and California statutory unfair competition and Massachusetts falseadvertising based on alleged copying of West Elm products. Wayfair moved to dismiss the falseadvertising and unfair competition claims.
23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing. Ortho-Tain, Inc. 2024 WL 3925408, No.
The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and falsedesignation of origin) except for falseadvertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. Even after default.
The Roundtable is designed to be a forum for the discussion of current trademark, falseadvertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.
The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a falseadvertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way.
They try to articulate claims for trademark infringement, counterfeiting, false association, and falseadvertising. Thus, “[i]n context, the contested button is not false association or falseadvertising.” But there’s leave to amend!
This equipment is designed and constructed only to collect a customer’s ordinary waste. Republic alleged tortious interference, trespass/conversion, and falseadvertising claims. Lanham Act falseadvertising: Smash’s website FAW said: Will my waste company let me Smash my trash? It’s not their waste, it’s yours.
The Roundtable is designed to be a forum for the discussion of current trademark, falseadvertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.
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