43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. Sanho has a registration for HYPERDRIVE.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

OCTOBER 11, 2021

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP Watchdog

FEBRUARY 14, 2024

But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Brands Branding 72

43(B)log

MAY 13, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

False Advertising 75

False Advertising Trademark Advertising Advertising 75

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.”

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 98

Trademark Advertising Advertising False Advertising 98

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC. StockX LLC, 1:22-cv-00983-VEC.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

43(B)log

APRIL 26, 2023

25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) get applied to trademark claims, the court of appeals concludes there’s no standing and thus no jurisdiction over the appeal. note: Like trademark claims do?]

False Advertising 59

False Advertising Advertising Advertising IP 59

43(B)log

MARCH 21, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * How did that come about?

Trademark 119

Trademark Advertising Advertising Litigation 119

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

SEPTEMBER 28, 2021

1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 110

Trademark Advertising Advertising Settlement 110

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

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will cover the travel and lodging expenses for invited authors.

Trademark 78

Trademark False Advertising Advertising Advertising 78

43(B)log

SEPTEMBER 22, 2021

SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 alleged that Musclegen markets its Genepro protein powder product by falsely claiming it contains 30 grams of protein in a roughly 11.15 Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. 14, 2023) This is the trademark side of the case.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

JANUARY 23, 2023

The parties compete in the market for audio products and sell competing models of multichannel amplifiers on different platforms, including Amazon. The false statement at issue is OSD’s claim that one of its products, an amplifier, has a signal-to-noise ratio of 115 decibels.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.

Advertising 98

Advertising Advertising Trademark False Advertising 98

43(B)log

OCTOBER 16, 2024

“But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falsely advertised? Plaintiff was required to plead false advertising with specificity, then prove it.” It only did so with evidence as to B07ZH6PVD4.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

IP 141

IP Advertising Advertising Trademark Law 141

43(B)log

MAY 8, 2023

The Engelberg Center on Innovation Law & Policy will host this year’s Trademark and Unfair Competition Scholarship Roundtable. The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives.

Trademark 72

Trademark False Advertising Advertising Advertising 72

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

Advertising 111

Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

Law 105

Law Advertising Advertising False Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!)

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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 144

Trademark False Advertising Advertising Advertising 144

43(B)log

JULY 25, 2024

Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! This is a joke, but that doesn’t mean it won’t happen.)

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. Unfortunately, that’s standard operating procedure in trademark cases. More Posts About Keyword Advertising. WhenU (2d Cir.

Trademark 111

Trademark Advertising Advertising Blogging 111

43(B)log

MARCH 14, 2023

Ah, how I wish courts would apply the same scrutiny to trademark harm stories. The result is that FedEx routes are, as a practical matter, intangible commodities traded on a competitive market and subject to price fluctuation based on the actual or perceived value of each individual route. FedEx Ground Package System, Inc.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. ” Marketing channel. ” Relatedness of goods.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

OCTOBER 6, 2024

July 31, 2024) The trademark owner Alsa sells chrome paint. Walmart doesn’t carry the trademark owners’ items. In searches for the trademarks in Walmart’s internal search engine, Walmart only shows unrelated items–not items from the trademark owner or any competitors. Walmart Inc. Cites to Sen v.

Advertising 98

Advertising Advertising False Advertising Trademark 98