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Dawgs’ (“Dawgs”) counterclaim for falseadvertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for falseadvertising under the Lanham Act. Crocs largely prevailed in those actions. ” Dawgs appealed. See Zenith Elecs. Exzec, Inc. ,
As fear and anxiety proliferate during this pandemic, fraudulent or falseadvertisements also surge and explode. Petitioners raise falseadvertising claims and try to stop misleading advertisements by seeking injunctions.
.” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. Just referencing a trademark on the Internet does not support a trademark claim, full stop. The court displays some of the ads: Use in Commerce.
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.
7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” Similar searches were also “frustrating”; Melwani alleged that the search results were “erroneous, scattershot, mingled” as well as “consistently confusing, misleading, false, and deceptive.” False designation of origin/falseadvertising: Lasoff v.
10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D.
It didn’t get a chance to decide the falseadvertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which falseadvertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. Sanho has a registration for HYPERDRIVE.
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v.
The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.
In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Uh oh.
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 falseadvertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.
Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).
6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that falseadvertising had interfered with the debtor’s estate in violation of the automatic stay. But why would some advertising constitute exercising control while other advertising didn’t? In re Windstream Holdings, Inc.,
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’strademarked slogan or even the brand name be discontinued. By: BakerHostetler
Despite Romag , the court declines to award disgorgement or fees in this falseadvertising case. A jury found that Harbor Breeze proved all elements of liability for falseadvertising but awarded $0 in damages and profits. But here, evidence connecting falseadvertising to defendants’ profits was lacking. (Is
Certified alleged Lanham Act falseadvertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falselyadvertise the source of chicken collagen used in dietary supplements sold to retail consumers.
It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website. The court refused to dismiss copyright claims (plaintiff amended its complaint when it had registered its copyright, which was timely and ok).
TRUSTID lost both patent infringement and Lanham Act falseadvertising claims. TRUSTID argued that it could get profit disgorgement anyway, but that’s only for trademark infringement, because infringement constitutes “an actual finding of injury.” Next Caller, Inc., 2023 WL 2298748, 2022-1433 (Fed. I’ll only discuss the latter.
May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a falseadvertising case where the plaintiffs seek only equitable remedies. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Hard Candy, Ltd.
I won’t say much about that, though I do have a big question, but there are also falseadvertising aspects of the case. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and falseadvertising claims survived.
It has trademark registrations for the word mark “NEO4J.” 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.”
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, falseadvertising, marketing, right of publicity, or related areas of the law.
Unsurprisingly, the trademark claims survive a motion to dismiss, but associated falseadvertising 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.
7, 2022) The court upheld a contempt finding based on an underlying falseadvertising claim. The jury “awarded ExeGi $15 million in damages after Alfasigma falselyadvertised VSL#3 by referencing studies done on the De Simone Formulation,” and the district court found an intent to cause confusion. De Simone v.
After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and falseadvertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.
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, falseadvertising, marketing, right of publicity, or related areas of the law.
The jury awarded Chanel $4 million in statutory damages on Chanel’s claims of trademark infringement, false association, unfair competition, and falseadvertising related to What Goes Around Comes Around’s (WGACA) reselling and marketing of Chanel products. The plaintiffs prevailed on all claims.
25 2023) Previous district court opinion allowing Lanham Act falseadvertising 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?]
1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur’s desire to bring forth a claim for falseadvertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc. Roach, 2021 WL 4134836, No.
Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?; 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?
SI03 originally sued for falseadvertising 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.
OSD’s signal-to-noise statement was literally false because it advertised its amplifier as having 115 decibels on numerous websites even though OSD said in other statements under penalty of perjury that the signal-to-noise ratio was 104 decibels, and it didn’t submit test results or objective evidence that it was 115.
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
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?
However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. It has also brought a lot of challenges.
Swiftly thereafter, Nike sued StockX in the United States District Court for the Southern District of New York (SDNY), alleging that StockX’s use of Nike’s famous marks in connection with its NFTs constitutes trademark infringement. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.
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.
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 ).
Chapter 2: What is an Advertisement? Chapter 3: FalseAdvertising Overview. Chapter 9: FalseAdvertising Practice and Remedies. Chapter 21 (online only): Case Study: Regulation of Political Advertising. FTC and the Trademark Modernization Act. Chapter 4: Deception. Chapter 5: Which Facts Matter?
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….
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.
Ah, how I wish courts would apply the same scrutiny to trademark harm stories. FedEx Ground Package System, Inc. Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) to pick up and deliver packages.
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