43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying?

IP 127

IP Advertising Advertising Trademark Law 127

43(B)log

OCTOBER 24, 2023

In 2018, in anticipation of a reunion tour, the three filed an application to register the service mark “JADE” for “Entertainment services in the nature of live musical performances” and related services. Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second-hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. The results of this study led members of the United States Senate and several public interest groups to petition the Federal Trade Commission (“FTC”) to investigate apps marketed specifically to children.

Advertising 40

Advertising Advertising Television Designs 40

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2018) (cleaned up), or at least the test changes depending on the situation.

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts (FTC 2018). This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising.

Trademark 107

Trademark Advertising Advertising Blogging 107

43(B)log

SEPTEMBER 11, 2023

It first expanded into Austin in 2018. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. Plaintiff also pointed to numerous calls it received from confused consumers as evidence that the callers assumed that it was the sole source of the advertising.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Safe Links is part of Microsoft’s anti-phishing and anti-malware Defender package.

False Advertising 59

False Advertising Advertising Advertising IP 59

43(B)log

JANUARY 2, 2024

2018); and Howard v. Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir. Bayer Corp., 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). But, under Mantikas v. Kellogg Co., 3d 633 (2d Cir. The interpretation “one serving a day,” by contrast, was “a stretch.” “An

Branding 59

Branding Brands Branding Marketing 59

43(B)log

AUGUST 9, 2021

It brought Lanham Act and California FAL/UCL claims over defendants’ allegedly false advertising of their respective OTC lidocaine patches. Scilex isn’t required to show that the ads were the only reason for reduced sales, so arguments about the crowded market weren’t helpful at this stage. back and spinal pain).

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. YouTube also earns from advertisers by inserting video ads and allowing longer ads. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. Painaway advertised its products as “Australia’s No. It also used radio and television outlets in select US markets. Nor did it show sales diversion, since the evidence was that plaintiff’s sales in the US were “insignificant” before MaxRelief entered the market.

Television 72

Television Social Media Advertising Advertising 72

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Here the court considers acquiescence and laches. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

APRIL 17, 2023

11, 2023) Plaintiff alleged that Children’s Delsym Cough Relief was misleadingly marketed as different from, and more expensive than, the adult product, when the concentration is the same. Since 2018, RB Health has sold both products “to the same distributors and retailers at the same price. “A DiGiacinto v. 3d -, 2023 WL 2918745, No.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

SEPTEMBER 1, 2021

The mark was weak; the goods were not proximate; the marks were similar; one social media instance of confusion was insufficient to show likely confusion; marketing channels didn’t favor likely confusion because everyone uses the internet and social media; cost below $25 favored confusion. False advertising/passing off: Same basic problems.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

SEPTEMBER 21, 2023

But they are “part of [Starbucks’s] ‘Refresher’ line of beverages, marketed as fruit-based beverages.” The following marketing images allegedly show that “the presence of fruit in the Products is central to the Products’ identity.” 2018))); Jessani, 744 F. App’x 701, 704 (2d Cir. App’x 18, 19 (2d Cir.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. But the cases go back and forth on this.]

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

SEPTEMBER 1, 2021

Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.

Advertising 59

Advertising Advertising Litigation Designs 59

43(B)log

NOVEMBER 19, 2021

It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. The parties discussed potential partnership in 2017 and 2018, but the discussions didn’t go well. But the citizen petition wasn’t excepted commercial speech.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

AUGUST 31, 2021

Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” In 2018, the federal government forced Copper Cane to alter the labels after determining that they were misleading. with “Purely Elouan, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

SpicyIP

DECEMBER 30, 2023

The dispute arose because Oppo did not pay royalties to Nokia for using its SEPs after the expiration of their agreement in 2018 and went on to sell their handsets using Nokia’s SEPs in India. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” But: “Famous trademark holders use their marks to brand and market all sorts of goods—some of which are artistic in nature….

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64