43(B)log

OCTOBER 1, 2021

2021 WL 409835, No. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Sending the complaint to twelve customers wasn’t “commercial advertising or promotion.” Elias Indus., Kissler & Co., 20-CV-01011-CCW (W.D.

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

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False Advertising Advertising Advertising Litigation 72

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 22-542 (W.D.

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43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Managing Intellectual Property (MIP) magazine recently recognized Fish & Richardson Associate Vivian Cheng as one of its 2021 “Rising Stars.” Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

SEPTEMBER 6, 2021

Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. Grasshopper House, LLC v. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir.

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False Advertising Advertising Advertising Trademark 69

43(B)log

SEPTEMBER 16, 2021

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. 20-15742 (9 th Cir. no preservatives added.

False Advertising 49

False Advertising Advertising Advertising Litigation 49

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.”

Advertising 83

Advertising Advertising False Advertising Trademark 83

43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. . …

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

OCTOBER 26, 2021

Sussman, 2021 WL 4948099, No. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

BYU Copyright Blog

APRIL 25, 2022

Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. March 2, 2022, EIF filed an Answer to the Second Amended Complaint.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir.

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Advertising Advertising Trademark Settlement 105

43(B)log

OCTOBER 11, 2021

18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Indiana Secretary of State indicates that the corporation was created in 2021. The complaint alleges that JV Medical Supplies advertised, promoted, marketed and sold counterfeit products that included use of the BTL’s EMSCULPT trademark.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. So yes, here we are in 2021, fighting over whether keyword metatags could be both trademark infringement and counterfeiting. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021).

Advertising 99

Advertising Advertising Trademark Settlement 99

43(B)log

AUGUST 20, 2021

2021 WL 1138017, No. The legislative history supported the court’s holding because it “suggest[ed] a balance between allowing individual plaintiffs to seek relief while limiting the potential for mass litigation.” [The Voters for Animal Rights v. D’artagnan, Inc., 19-CV-6158 (MKB) (E.D.N.Y.

Litigation 72

Litigation Advertising Advertising Business 72

IP Tech Blog

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

Technology & Marketing Law Blog

JULY 25, 2021

2021 WL 3117239 (C.D. June 7, 2021). More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v.

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Advertising Advertising Settlement Trademark 106

43(B)log

AUGUST 26, 2021

4th -, 2021 WL 3233953, No. 2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. During the fifteen years of ensuing litigation, Klayman lost several claims at summary judgment and then lost the remaining claims after a jury trial. Judicial Watch, Inc.,

False Advertising 59

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43(B)log

SEPTEMBER 10, 2021

18-30182-beh, 2021 WL 1347193 (E.D. 30, 2021) Previous denial of injunctive relief. There are a number of opinions in this case—the judge spent time on this rather unusual false advertising analysis in a bankruptcy case, including taking care with the expert evidence. In re C2R Global Manufacturing, Inc.,

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig. (No.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. Takeaway No. 1: Biden Transition Shifts Attorneys General Priorities. Mexico border. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

OCTOBER 7, 2021

2021 WL 565813, 2d Civil No. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. Grundman v. Tranik Enters., B297024 (Cal. The watches work and there was nothing wrong with the internet sales of these watches.” How’s this going to go?

Litigation 59

Litigation Advertising Advertising Marketing 59

43(B)log

JULY 6, 2022

The parties are involved in related patent litigation. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. The allegations were sufficient to state a Lanham Act claim.

False Advertising 59

False Advertising Designs Design Advertising 59

LexBlog IP

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

MAY 2, 2022

26, 2022) This opinion resolves challenges to expert testimony in a false advertising class action under NY’s GBL challenging the advertising of Joint Juice as touting benefits of a useless product; both parties win and lose some. Premier Nutrition Corp., 2022 WL 1225031, No. 16-cv-06980-RS (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 4, 2021

2021 WL 4340824, No. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity--I'm not sure materiality is really the right characterization, but ok. Cases about false advertising of the source of “services” were inapposite. “[T]he Restellini v. Wildenstein Plattner Inst.,

False Advertising 59

False Advertising Artwork IP Advertising 59

43(B)log

AUGUST 30, 2021

3d -, 2021 WL 2946172 (Jul. Noting that the UTPA is subject to various interpretations and “not a lot of developed case law,” the trial court found that, despite not prevailing, not all of the state’s claims were unreasonable, there were contested legal theories involved, and the case was one that “probably needs to be litigated.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. In January 2021, Bumble sought to add an arbitration clause to its TOS. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. Bumble, Inc.

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False Advertising Marketing Marketing Advertising 126

43(B)log

MAY 2, 2022

20-23564-CIV-COOKE/GOODMAN, 2021 WL 8129371 (S.D. 15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. As of October 14, 2021, the Settlement Administrator had received a total of 50,634 claims. Williams v.

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43(B)log

SEPTEMBER 30, 2021

2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes , they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes Inc, , 2021 WL 3493764 (N.D.

Blogging 120

Blogging False Advertising Law Advertising 120

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., 21-2984-MD-W-BP, 2021 WL 7004991 (W.D. 28, 2021) Each canister of Folgers coffee includes a similar label that appears prominently on its front and indicates that the coffee grounds in the canister “MAKES UP TO” a certain quantity of “FL OZ CUPS” of coffee. cup—of coffee. cup—of coffee.

Advertising 59

Advertising Advertising False Advertising Business 59