C & T Newsletters
May 2026
Ninth Circuit Says False “First-to-Market” Claims Are Not Actionable Under the Lanham Act
Takeaway: When a plaintiff brings a false advertising claim based purely on statements that cause confusion about which product was the first on the market, that plaintiff does not have a valid claim under the Lanham Act’s Section 1125(a)(1)(B), the 9th Circuit’s majority found.
The Ninth Circuit affirmed summary judgment in favor of Igloo Products Corp., holding that claims about being the “first” company to bring a product to market do not constitute actionable false advertising under the Lanham Act when they concern the origin of an idea rather than a product’s tangible characteristics. The dispute arose after Vericool World LLC accused Igloo of falsely marketing its “Recool” product as the world’s first biodegradable cooler, despite Vericool allegedly introducing a similar plant-based cooler earlier. Writing for the majority, Judge Ryan Nelson explained that the Lanham Act protects against misrepresentations about a product’s nature, qualities, or characteristics, not claims tied to inventorship, innovation, or who first conceived an idea. Relying heavily on the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., the court emphasized that patent and copyright law, not trademark law, govern disputes over originality and creative ownership. In a sharp dissent, Judge Patrick Bumatay warned that the ruling improperly narrows the Lanham Act and could allow companies to mislead consumers about a product’s origin or innovation so long as the deception relates to intangible qualities.
Peanuts Music Rights Holder Targets Brands, Government Over Unlicensed Uses
Takeaway: Recent cases highlight increasing efforts by rights holders to police unlicensed uses of recognizable music in digital marketing, social media content and branded entertainment, particularly where companies seek to capitalize on nostalgia without obtaining proper music licenses.
Lee Mendelson Film Productions Inc. (LMFP), the company that controls the music rights tied to the classic Peanuts television specials, filed four copyright lawsuits against the United States Department of the Interior, Heritage Auctions, Buckle-Down Inc. and GameMill Entertainment over alleged unauthorized use of famous Peanuts songs composed by Vince Guaraldi. According to the complaints, the defendants used recognizable tracks like “Linus and Lucy,” “Skating,” and “O Tannenbaum” in social media promotions, advertising campaigns and a Peanuts themed video game without securing licenses. LMFP claims the Interior Department used “O Tannenbaum” in a holiday animation shared widely online, while Heritage Auctions and Buckle Down allegedly used “Linus and Lucy” to help market Peanuts products. The suit against GameMill goes a step further, alleging the company intentionally created music that sounded nearly identical to Guaraldi’s compositions so players would associate the game with the classic Peanuts specials without the company having to pay for the actual music rights. LMFP says the cases reflect a growing problem in the digital era, where companies use well known music to drive engagement and sales without permission.
USPTO Data Glitch Hid Hundreds of Thousands of Patent Ownership Records
Takeaway: The USPTO’s hidden assignment records issue is a stark reminder that even sophisticated IP transactions can unravel when parties assume public ownership databases are complete and accurate.
Newly resurfaced data from the United States Patent and Trademark Office revealed that more than 1.4 million patent assignment records were inadvertently kept from the public for years, raising concerns about the reliability of the patent ownership system and the risks facing companies that relied on incomplete records. Researchers at Richardson Oliver Insights discovered the issue after the USPTO temporarily paused assignment data updates earlier this year and later republished historical records containing hundreds of thousands of previously hidden ownership transfers, including thousands involving issued patents. Experts warned that missing assignment data can create major problems in patent transactions, licensing deals and litigation because buyers and investors may unknowingly rely on inaccurate ownership information. Some patents even appeared to have multiple undisclosed transfers to different owners, potentially opening the door to disputes over who actually controls valuable intellectual property rights. Industry observers say the incident highlights broader concerns about the USPTO’s database governance and could reignite calls for mandatory patent assignment recording requirements.
Dua Lipa Sues Samsung Over Unauthorized Use of Her Image on TV Packaging
Takeaway: Using a celebrity’s image in product packaging or advertising without clear licensing and approval can create significant exposure for copyright, trademark and right of publicity claims, particularly when consumers may view the use as an endorsement.
Dua Lipa filed a lawsuit against Samsung Electronics Co. Ltd. and Samsung Electronics America Inc., alleging the company used her image on packaging for Samsung televisions without permission. According to the complaint, Samsung placed a backstage photo of the Grammy winning artist on large television boxes as part of a retail marketing campaign, creating the impression that Lipa endorsed the products. The suit asserts claims for copyright infringement, trademark infringement and violations of her right of publicity, arguing that Samsung capitalized on her fame and carefully managed brand identity to help drive television sales. Lipa claims she never authorized the use and would not have agreed to associate her image with the products. Samsung responded by saying the image was provided through a third party content partner tied to Samsung TV Plus, and that it had received assurances the necessary permissions had been secured.
USPTO Says It Removed Thousands of Fraudulent Patent and Trademark Filings
Takeaway: The USPTO is signaling a far more aggressive approach to policing fraudulent patent and trademark filings, putting applicants and foreign filing firms on notice that inaccurate or deceptive submissions can lead to mass invalidations, sanctions and lost IP rights.
United States Patent and Trademark Office announced a major crackdown on fraudulent activity in patent and trademark filings, saying it removed tens of thousands of invalid applications and sanctioned entities accused of abusing the system. According to the agency, it issued 11 administrative orders over the last six months targeting roughly 10,500 trademark applications and registrations tied to suspicious activity, while also terminating more than 3,800 patent applications for rule violations since the start of fiscal year 2025. The USPTO said fraudulent filings create significant delays for legitimate applicants and increase costs for innovators seeking intellectual property protection. The agency also highlighted enforcement actions against foreign filing firms, including Shenzhen Huanyee Intellectual Property Co. Ltd., which the USPTO accused of engaging in unauthorized practice of law and submitting thousands of filings containing false information. The office said its expanded fraud mitigation efforts are focused on identifying suspicious submissions, improper signatures and other systemic abuses affecting the integrity of the IP system.
Google, Meta and Other AI Companies Accused of Using Voices Without Consent
Takeaway: As AI voice cloning technology becomes more sophisticated, companies training models on human speech without clear consent are facing mounting legal exposure under biometric privacy and right of publicity laws.
A group of journalists, narrators and voice actors filed class action suits against Google LLC, Meta Platforms Inc., Microsoft Corp., Nvidia Corp. and ElevenLabs Inc., alleging the companies unlawfully used their voices to train artificial intelligence systems without consent. Filed in Illinois federal court, the suits claim the companies collected and used plaintiffs’ “voiceprints” in violation of the Illinois Biometric Information Privacy Act and the Illinois Right of Publicity Act. According to the complaints, the defendants used massive amounts of human speech data to build AI products capable of generating realistic synthetic voices for services such as Gemini Live, Google Cloud Text to Speech, Meta AI voice tools, Microsoft Copilot and ElevenLabs’ voice cloning platform. The plaintiffs argue the companies built commercial AI products that directly compete with working voice professionals while failing to obtain the written consent required under Illinois law. The complaints also allege that some companies already maintain consent and payment systems for celebrity voice licensing, but failed to provide the same protections for ordinary voice actors, journalists and narrators whose recordings were allegedly used to train the models.
Cislo & Thomas LLP Spotlight
INTA 2026: Another Success!
INTA 2026 was a success! The International Trademark Association annual international conference is where we meet with our foreign associates from all over the world who help file patents and trademarks for our clients internationally. For over a decade and this year, it was great to reconnect with familiar friends and associates, as well as meet new ones. London was a wonderful city to explore as a team, but we are looking forward to INTA returning to our home state in San Diego next year. See you then!
Cislo & Thomas Celebrates The Warmer Season
This month, the Cislo & Thomas family celebrated the start of the warm season together at Stonehaus in Westlake Village! It was a fun evening of good wine, delicious food, beautiful sunshine, and amazing company. Cheers! ?
Cislo & Thomas is Proud to Welcome Back Attorneys Kristin Kosinski, Esq. and Travers Morgan, Esq.
Cislo & Thomas has welcomed back two of our attorneys into the firm, Kristin Kosinski, Esq. and Travers Morgan, Esq. They are looking forward to working with our wonderful clients and our team as a whole.
Kristin Kosinski’s practice includes the clearance, enforcement and exploitation of brand names, proceedings before the Trademark Trial and Appeal Board, domain name dispute resolution, licensing matters including trademark, copyright, brand management, and entertainment related arrangements, and litigation support for intellectual property and entertainment-related claims. Kristin is also involved in the intellectual property and commercial aspects of various corporate transactions and assists a variety of well-established and start-up companies. In addition to her extensive work regarding trademarks and domain names, Kristin has experience preparing and prosecuting patent applications in various types of subject matter, including wearable devices, innovative mechanical apparatus, beauty products, cosmetics, hair preparations, nutritional items, and biotechnology.
Travers Morgan received his B.S. in Informatics with a specialization in Computer Science from Indiana University in 2013. He received his J.D. from Loyola Law School in 2017 where he served as the Chief Technical Editor of the Loyola of Los Angeles Entertainment Law Review. Travers practices in the areas of patents, copyrights, trademarks, and data privacy compliance. Travers has experience with all aspects of patent prosecution, technology licensing, and intellectual property litigation. Travers has helped numerous clients prepare and prosecute design, utility, and provisional patent applications. Travers also has experience conducting patentability opinions, freedom to operate opinions, and non-infringement analysis. Before joining Cislo & Thomas LLP, Travers worked as a judicial extern in the Patent Pilot Program at the United States District Court, Central District of California.
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