What is a brand (for purposes of an advertised claim that something is the leading brand
The Trademark Blog » False Advertising
by Marty Schwimmer
1M ago
ZESTY PAWS LLC, Plaintiff, v. NUTRAMAX LABORATORIES, INC., et al., Defendants. No. 23 Civ. 10849 (LGS). United States District Court, S.D. New York.June 4, 2024 ..read more
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Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies
The Trademark Blog » False Advertising
by Marty Schwimmer
1y ago
The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Its reports contain the “big if true” allegations that a small number of social media accounts, such as Twitter, are responsible for a disproportionate percentage of objectionable conduct. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. CCDH suggests that social media companies, such as X Corp., could be more effective in policing such content by removing small groups ..read more
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Text of Decision in D. Conn Motion to Dismiss re SPORTSPOD Trademark
The Trademark Blog » False Advertising
by Marty Schwimmer
1y ago
Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018) Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, which doesn’t bode well for the trademark claim. Calling something a shoddy knockoff is an opinion and therefore not actionable under 43(a)(1)(B). Falsely claiming to be the inventor of something is not actionable under 43(a)(1)(A) per Dastar. [embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/03/anthem-sports-v-under-the-w ..read more
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What Mis-Use Of A Photo Might Be
The Trademark Blog » False Advertising
by Marty Schwimmer
1y ago
Defendant allegedly ran photos of plaintiff models, to promote defendant’s resorts. Discussion of what tort this might be (false advertisement, unjust enrichment), and what it might not be (negligence per se). Also, complaint was a few hundred pages too long. [embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2016/05/caliente-motion-to-dismiss-1.pdf ..read more
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A Haas Divided Will Not Stand
The Trademark Blog » False Advertising
by Marty Schwimmer
1y ago
. . or when the HAAS mark is the housemark. I can stop making horrible puns any time I want to. 43blog summary here. [embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2016/03/haas-door-v-haas-garage-door-ND-Ohio-1.pdf ..read more
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Large Damage Award in 43(a)(1)(B) case re lead paint removal – S. Carolina
The Trademark Blog » False Advertising
by Marty Schwimmer
1y ago
Collecting permit fees from homeowners, then not filing for the permits, is likely not compliance with ‘strictest industry standards.’ 43(a)(1)(B) Large damage award in 'lead paint removal' case S. Carolina http://t.co/yyGDL4U0py — TrademarkBlog (@TrademarkBlog) September 9, 2014 ..read more
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