Tag Archives: Lanham

statements about patent license status can violate Lanham Act's false advertising provisions

Au New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW-SN, 2019 WL 1437516 (S.D.N.Y. Mar. 31, 2019)Au holds the patent to a water-resistant zipper, and YKK had an exclusive “field of use” license that it allegedly exceeded, resulting in this lawsuit … Continue reading

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Lanham Act claim based on patent threats fails even with invalidation of the patent

American Fireglass v. Moderustic, Inc., — F.Supp.3d —-, 2019 WL 1227963, No. 15-CV-2866 JLS (BGS) (S.D. Cal. Mar. 15, 2019)The parties compete in the market for pieces of broken tempered glass for use in fireplaces and fire pits (Moderustic also … Continue reading

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supplement guide isn't "advertising or promotion" under the Lanham Act, even w/undisclosed affiliation

Ariix, LLC v. NutriSearch Corp., 2019 WL 1040135, No. 17CV320-LAB (BGS) (S.D. Cal. Mar. 5, 2019)Previous iteration discussed here. Arrix competes fiercely with Usana in the nutritional supplement market.  NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, a guide … Continue reading

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Lanham Act Section 43(a) Class Action (sic) re KONA Coffee

Kona is a coffee-growing region in Hawaii. The Department of Agriculture of Hawaii has a registered certification mark for the mark 100% KONA COFFEE and design. Many entities own registrations for coffee including the KONA element, most disclaiming the term, … Continue reading

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No Lanham Act liability for failure to correct another's misstatement

GeoMetWatch Corp. v. Hall, No. 1:14-cv-60, 2019 WL 578917 (D. Utah Feb. 12, 2019)Business dispute; of interest here, GeoMet asserted false advertising against defendant AWSF because of two statements about Tempus, with which it was working.  However, both statements about … Continue reading

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