43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. LStar didn’t plead its own trademark use. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

SEPTEMBER 16, 2021

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 false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). “Pennsylvania law imposes on insurers a broad duty to defend lawsuits brought against those they insure.” Likewise, the exclusions were construed in favor of coverage.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

IP and Legal Filings

SEPTEMBER 21, 2021

The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition. Section 43(a) of the Lanham Act specifically deals with the statutory remedies that are available for false advertising.

Law 52

Law Branding Branding Brands 52

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59