43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. But here, evidence connecting false advertising to defendants’ profits was lacking. (Is

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False Advertising Advertising Advertising Litigation 59

43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising 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.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

.” 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.

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False Advertising Advertising Advertising Trademark 98

43(B)log

MARCH 9, 2022

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/false advertising: Lasoff v.

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False Advertising Advertising Advertising Branding 69

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.

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False Advertising Trademark Advertising Advertising 64

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.

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False Advertising Advertising Advertising Designs 59

JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. By: Erise IP

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False Advertising Trademark Advertising Advertising 68

43(B)log

JANUARY 23, 2023

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.

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False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 11, 2022

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).

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False Advertising Advertising Advertising Copying 83

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.

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False Advertising Advertising Advertising Trademark 45

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

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False Advertising Advertising Advertising Copyright 64

IP Watchdog

FEBRUARY 14, 2024

The jury awarded Chanel $4 million in statutory damages on Chanel’s claims of trademark infringement, false association, unfair competition, and false advertising related to What Goes Around Comes Around’s (WGACA) reselling and marketing of Chanel products. The plaintiffs prevailed on all claims.

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False Advertising Trademark Branding Brands 72

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. Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc. Roach, 2021 WL 4134836, No.

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False Advertising Advertising Advertising Contracts 45

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. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.

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False Advertising Advertising Advertising Trademark 59

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.

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False Advertising Advertising Advertising Marketing 45

JD Supra Law

MARCH 28, 2023

Imagine owning a building in which you are renting out living space at your set prices and then coming across an advertisement that those same living spaces are available for a nightly, weekly, monthly or even annual fee. The scenario is actually playing out right now for many landlords. By: Thompson Coburn LLP

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False Advertising Advertising Advertising Trademark Law 52

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The jury “awarded ExeGi $15 million in damages after Alfasigma falsely advertised VSL#3 by referencing studies done on the De Simone Formulation,” and the district court found an intent to cause confusion. De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

SEPTEMBER 16, 2021

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.”

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False Advertising Advertising Advertising Licensing 64

IP Law 360

SEPTEMBER 19, 2023

Kilpatrick Townsend & Stockton LLP has hired a trademark, false advertising and class action litigation expert as a partner in its New York office.

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False Advertising Trademark Advertising Advertising 52

Erik K Pelton

DECEMBER 20, 2022

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.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

MARCH 6, 2023

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.

Trademark 91

Trademark False Advertising Advertising Advertising 91

SpicyIP

JANUARY 30, 2024

Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?; or false advertising – 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?

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False Advertising Social Media Inventor Advertising 116

Indiana Intellectual Property Law

OCTOBER 27, 2023

also known as TerreMax ) for Trademark infringement under 15 U.S.C. 1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. Court documents show that Banjo has received a Trademark registration ( No.

False Advertising 52

False Advertising Trademark Advertising Advertising 52

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.

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Trademark False Advertising Advertising Advertising 78

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.

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Trademark False Advertising Advertising Advertising 72

LexBlog IP

JANUARY 5, 2022

Class action alleging various New York state torts including false advertising arising from the Jets and Giants identifying themselves as New York teams when they play in New Jersey. Note to out-of-towners – both the Jets and the Giants have w-l records of 4 and 12.

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False Advertising Advertising Advertising Intellectual Property 40

43(B)log

FEBRUARY 16, 2024

12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Obviously, the trademark-related claims succeeded. Obviously, the trademark-related claims succeeded. The default raises its ugly head, since Lexmark would deal with the second issue).

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Advertising Advertising False Advertising Trademark 49

LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

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 ).

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Trademark Advertising Advertising False Advertising 78

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

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False Advertising Advertising Advertising Trademark 59

43(B)log

MAY 19, 2023

18, 2022) MacroAir asserted – among other things – a counterclaim for false advertising under the Lanham Act. The court stated—contrary to actual practice—that “materiality in false advertising cases is ‘typically’ proven through consumer surveys,” but immediately qualified this claim: “that type of evidence is not required.”

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False Advertising Advertising Advertising Technology 72

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. According to CareDx, ‘[u]nder 15 U.S.C.

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False Advertising Advertising Advertising Copying 45

43(B)log

SEPTEMBER 6, 2023

Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. a breach of your dealer agreement” constituted false advertising because the agreement in fact allows for purchases of Toyota parts from other sources, including for non-warranty repairs. Allen Interchange LLC, 2023 WL 5207389, No.

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Marketing Marketing False Advertising Advertising 59

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

Indiana Intellectual Property Law

JULY 16, 2021

Under the Agreement , ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. Trademark Registration No. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C.

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False Advertising Trademark Intellectual Property Advertising 52

IP Law 360

MARCH 1, 2024

A swimming pool equipment manufacturer is on the hook for nearly $15 million after a North Carolina federal jury found it liable on Friday for false advertising and unfair business practices, but it otherwise escaped federal infringement claims stemming from the use of its rival's trademarks on Amazon product listings.

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False Advertising Advertising Advertising Business 40

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

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Trademark Fair Use Registration False Advertising 59