43(B)log

NOVEMBER 5, 2021

2021 WL 5084182, No. 16, 2021) Previous ruling ; new judge still finds the false advertising claims sufficiently pled. A previous version of the complaint alleged false advertising and contributory false advertising, and the latter claim was dismissed; TocMail refiled with a single count of false advertising.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

SEPTEMBER 30, 2021

2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

SEPTEMBER 7, 2021

Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Wakefern Food Corp. 2:20-cv-15949-WJM-MF (D.N.J.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

DECEMBER 23, 2021

2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok IP Holdings, LLC v.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 20, 2021

Winder Laboratories, LLC, 2021 WL 3573118, No. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 20, 2021

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. 15md2645, 15mc2645 (S.D.N.Y.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

OCTOBER 4, 2021

2021 WL 4310576, No. 22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Illinois Tool Works Inc. J-B Weld Co., 3:19-cv-1434 (JAM) (D.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s 2021 FFS. The court summarizes the applicable legal standard: We agree with Southwest Recreational, the Ninth Circuit opinions, and the treatise author [McCarthy] that in the context of internet searches and search-engine advertising in particular, the critical issue is whether there is consumer confusion. Adler, P.C.

Advertising 105

Advertising Advertising Trademark Settlement 105

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. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 83

Advertising Advertising False Advertising Trademark 83

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. Internet Brands. Malwarebytes Inc, , 2021 WL 3493764 (N.D. In Asurvio v.

Blogging 120

Blogging False Advertising Law Advertising 120

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. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. 2021 WL 3117239 (C.D.

Advertising 106

Advertising Advertising Settlement Trademark 106

Indiana Intellectual Property Law

MARCH 17, 2023

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC , filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for engaging in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Business 52

Business Marketing Marketing Branding 52

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

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira’s brand AMUL is internationally renowned and India’s largest food brand.

False Advertising 40

False Advertising Social Media Trademark Branding 40

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v. 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

AUGUST 24, 2021

2021 WL 764121, No. 26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Walgreen Co. 5:20-cv-04805-EJD (N.D.

Designs 69

Designs Design Branding Brands 69

43(B)log

AUGUST 17, 2021

Anheuser-Busch, LLC, 2021 WL 3501203, No. sparkling margarita" "sparkling classic cocktails" (mojito, cosmo) "Spritz": sangria, rosé The plaintiffs also alleged that the misleadingness was enhanced by the market context. Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.”

Marketing 80

Marketing Marketing Branding Brands 80

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

SpicyIP

APRIL 17, 2023

The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Image from here In this guest post, Alphonsa Jojan highlights how the 2021 Amendment Bill falters, on multiple grounds, in ensuring the upliftment of those who depend on Biodiversity and Traditional Knowledge. Where to lean on?

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JUNE 27, 2023

or “A Taste of Mexico!”; (b) a Mexican flag on the front and center of the packaging; and (c) the brand name “La Banderita” (or “the flag”), a reference to the Mexican flag displayed prominently on the Products. All the accused products allegedly use: (a) the phrase “El Sabor de Mexico!” Trader Joe’s Co., 4th 874 (9th Cir.

Marketing 100

Marketing Marketing Advertising Advertising 100

43(B)log

AUGUST 16, 2021

2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir. if forced to work the problem through. (1)

Branding 59

Branding Brands Branding Advertising 59

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. 17, 2021)), is another case about the breadth of §43(a). Similarly, Sulzer Mixpac AG v. 19-2951 (2d Cir.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

AUGUST 23, 2021

2021 WL 1104988, No. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” Monster Energy Co., 20-cv-1409 (LJL) (S.D.N.Y. So too with the word “cream.”

Branding 59

Branding Brands Branding Marketing 59

43(B)log

SEPTEMBER 10, 2021

Kodiak Cakes, LLC, 2021 WL 1698695, No. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. 19-cv-2454-MMA (MSB) (S.D. Still, reasonable consumers also consult serving size and product yield information. So what to do?

Marketing 45

Marketing Marketing Advertising Advertising 45

43(B)log

SEPTEMBER 17, 2021

2021 WL 2476879, No. 17, 2021) The parties are cloud-based communications companies. To agree with RingCentral’s ‘defamatory scheme’ argument would be to say that any statements made in the course of market competition, whether falsified or factual, would necessarily result in defamation.” RingCentral, Inc. Nextiva, Inc.,

Business 56

Business Marketing Marketing Branding 56