43(B)log

SEPTEMBER 30, 2021

Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. 12, 2021) Another timeshare company v. Regardless of which standard applied, Diamond successfully alleged contributory false advertising. Diamond Resorts U.S. Collection Development, LLC v. timeshare exit company case.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 16, 2021

City of Pasadena, 2021 WL 3553499, No. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

SEPTEMBER 14, 2021

Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. Nor did the memo breach the nondisparagement clause in the parties’ contract.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

SEPTEMBER 3, 2021

2021 WL 2633326, No. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Goodrich v. Alterra Mountain Co., 20-cv-01057-RM-SKC (D.

Contracts 59

Contracts Advertising Advertising Licensing 59

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.” 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. Contributory false advertising: This required direct false advertising, here either by the databases or pharmacies.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

43(B)log

SEPTEMBER 7, 2021

Yu, 2021 WL 1518993, No. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. False advertising: “That Ms.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

OCTOBER 1, 2021

2021 WL 424286, No. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion. Whole Foods Market Service, Inc., 19-CV-2478 JLS (MSB) (S.D.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

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

SEPTEMBER 16, 2021

6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. Meredith Lodging LLC v. Vacasa LLC, No.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

NOVEMBER 8, 2021

Touro College, 2021 WL 5140058, No. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of them. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

JULY 6, 2022

The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. BD pled that “Medline successfully converted” one named customer in June 2021, on information and belief because of the claims of the increased risk of UTIs associated with BD’s product.

False Advertising 59

False Advertising Designs Design Advertising 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

FEBRUARY 8, 2024

The court also pointed to Second Circuit decisions addressing, in contract law, when a party can be found to have been on inquiry notice of claimed terms during contract formation. Subway Franchisee Advertising Fund Trust, Ltd., E.g., the ad in Soliman v. 3d 828 (2d Cir. contained in inconspicuous hyperlinks.” Kellogg Co.,

Music 59

Music Contracts Advertising Advertising 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.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

JANUARY 13, 2022

million Dogecoin (DOGE) sweepstakes in June 2021, and who purchased or sold Dogecoins on a Coinbase exchange for a total of $100 or more between June 3, 2021 and June 10, 2021.” Opt in and then buy or sell $100 in DOGE on Coinbase by 6/10/2021 for your chance to win. So, which contract governed?

Contracts 59

Contracts Advertising Advertising Government 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. II), 2021 WL 3878654, No. 20-15742 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 29, 2021

2021 WL 1627490, No. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a gym company. Equinox Holdings, Inc., 2:20-cv-09760-CAS-MRWx (C.D.

Contracts 59

Contracts False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 1, 2021

2021 WL 3373914, No. 3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. Topdevz, LLC v. LinkedIn Corp., 20-cv-08324-SVK (N.D.

Business 59

Business Advertising Advertising Contracts 59

43(B)log

SEPTEMBER 15, 2021

2021 WL 2077935, No. May 24, 2021) Weight Watchers shut down in-person services due to the pandemic. The breach of contract claim also failed “for the straightforward reason that her contract with WW does not mention, let alone promise, in-person workshops.” Quintanilla v. WW Int’l, Inc., 6261 (PAE) (S.D.N.Y.

Contracts 45

Contracts Law False Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

NOVEMBER 5, 2021

2021 WL 5113176, No. 3, 2021) SquareTrade sells service contracts for the protection of consumer goods. SquareTrade Inc., 20-cv-02725-JCS (N.D. This is not an election of remedies issue.

Contracts 59

Contracts Business Law Publishing 59

43(B)log

FEBRUARY 22, 2022

Robinhood Financial LLC, 2021 WL 6882392, No. 8, 2021) Plaintiffs alleged that unauthorized third parties were able to access approximately 2,000 Robinhood customers’ accounts and deplete their funds due to Robinhood’s insufficient security measures. 21-cv-01013-SVK (N.D. Robinhood moved again to dismiss.

Privacy 52

Privacy Contracts Law False Advertising 52

43(B)log

SEPTEMBER 2, 2022

million Dogecoin (DOGE) sweepstakes in June 2021. Life insurance contracts are not “tangible chattels.” Marden-Kane, Inc., 2022 WL 3974259, No. 21-cv-04539-SK (N.D. 31, 2022) This is a lawsuit arising from Coinbase’s $1.2

Contracts 59

Contracts Business Law False Advertising 59

43(B)log

AUGUST 10, 2021

Drone Whirl LLC, 2021 WL 3474007, No. Shenzhen allegedly placed orders without paying for them to “lock up” Drone Whirl’s gnome inventory; bribed Shenzhen’s customers to submit bad reviews of Drone Whirl’s products; and distributed pamphlets to its customers containing false or misleading statements about Drone Whirl’s products.

Advertising 59

Advertising Advertising Designs Design 59

43(B)log

SEPTEMBER 21, 2021

2021 NY Slip Op 03485, N.E.3d 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 3d - 37 N.Y.3d

Editing 45

Editing Contracts Copying Law 45

43(B)log

OCTOBER 6, 2021

International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. 10, 2021) Although an individual's comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably closer to his expertise were falsifiable despite his over-the-top online persona.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

AUGUST 12, 2021

2021 WL 1215869, No. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. Campfield v. Safelite Gp., 2:15-cv-2733 (S.D. Safelite counterclaimed for various business torts/CFAA violations. can be safe and is viable.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 23, 2023

2021 WL 1549667 (E.D. 20, 2021), given that the claims arose under “completely different state laws.” Apple was not collaterally estopped from raising arguments against liability that were rejected in Andino v. Apple, Inc.,

Licensing 72

Licensing Advertising Advertising Ownership 72

43(B)log

SEPTEMBER 29, 2021

15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, Spanish-speaking customer base. There was no “indirect right to fund and retain the counsel through an insurance contract.” Adir Int’l, LLC v. 3d 1032 (9 th Cir.

Contracts 45

Contracts Government Law False Advertising 45

43(B)log

SEPTEMBER 20, 2021

2021 WL 4129248, Civ. 9, 2021) Plaintiffs, a healthcare management company and its individual owner alleged that a group of medical providers at RMCHCS secured their ouster as management company/Chief Executive Officer of RMCHCS through a campaign of false and misleading information. Healthcare Integrity, LLC v.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. NY, DC, WA are considering similar taxes so it’s a trend to watch. Harris: In Canada, the provinces regulate consumer agreements online. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119