43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. The ads used the entire images. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

DECEMBER 18, 2023

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 false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

JULY 25, 2024

Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

AUGUST 27, 2024

But that would run up against a strong preference for truthful speech, especially if the alternative seems to be that PNC can control what apps its customers can use. He explained the internal testing in his expert report, with detailed descriptions, and he applied scientific principles to the data, including in his visualizations.

Brands 52

Brands Branding Branding False Advertising 52

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Even if they were generic uses, two articles and one opinion weren’t sufficient to overcome the “strong presumption” of validity of a registered mark. But is it a nominative fair use?

False Advertising 52

False Advertising Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JUNE 8, 2024

Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”

Trademark 129

Trademark Advertising Advertising False Advertising 129