43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Branding 105

Branding Brands Branding Personality Rights 105

43(B)log

JULY 15, 2024

NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.”

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. In light of the size of the food market, that’s a bit hard to credit. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

SEPTEMBER 11, 2023

Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. At the close of plaintiff’s evidence at trial, the court granted a directed verdict. Only an owner or a true assignee has statutory standing to bring a claim under § 32. Thus, the §32 claim failed as a matter of law. “If

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. 2021) The parties compete in the micro-irrigation industry, which targets agricultural growers.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Obtain legal ownership verification. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

SEPTEMBER 17, 2021

However, compensation for lost market share isn’t authorized by the UCL, because that’s not restitution, “the only form of nonpunitive monetary recovery authorized under the UCL. Absent a legally enforceable right to a stream of future income, the plaintiff lacks an ownership interest in it and thus there is nothing to “restore.”

Ownership 45

Ownership Marketing Marketing False Advertising 45

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 45

Advertising Advertising Social Media False Advertising 45

43(B)log

FEBRUARY 18, 2022

Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. Can provide information about consumer/target market. Had fame in the industry from 1960s on.

Trademark 45

Trademark False Advertising Fair Use Branding 45

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Benefits: nationwide right of priority, evidence of validity/exclusive ownership, right to police imports, incontestability after 5 years, symbolic benefits like ®. It’s market definition. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

OCTOBER 24, 2023

Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity. This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited. This reasoning also disposed of contributory/vicarious infringement claims against Marshall and Harris. §43(a)

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

AUGUST 3, 2023

Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. TM law should facilitate disclosure or it will fall behind market. 57% say sellers could be liable for false etc.

Social Media 40

Social Media Fair Use Advertising Advertising 40

IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. In contrast, a tussle on fair use and free speech would be activated if companies contest ownership in respect to trademarking hashtags.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

DECEMBER 18, 2024

Rimini Street is a third-party provider and direct competitor with Oracle in the support-services market. In the Ninth Circuit, courts look for sufficient incidents of ownership to distinguish a license to a copy from ownership of the copy. Mere labeling of an arrangement as a license, while relevant, is not itself dispositive.

Derivative Work 98

Derivative Work Copying Ownership Licensing 98

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

MARCH 14, 2025

Its subhead was: Gordons Fine Wine Acquires Ownership Stake in One of the Nations Longest-Running Food and Wine Events. Amy Baxter, Licensing Administrator at the Nantucket Police Department, met with Gordon and subsequently emailed a third party about a change in ownership and management of the Wine Fest.

False Advertising 52

False Advertising Ownership Brands Branding 52

Technology & Marketing Law Blog

DECEMBER 6, 2024

It was carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the PRC On the other hand… 1) influence operations don’t depend solely on ownership of social media. But which way does this cut?

Social Media 64

Social Media Government Ownership Law 64