2021 Designs False Advertising Litigation 
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.
43(B)log
AUGUST 27, 2021
19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is a lovely example of how clear language can be deployed: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp.
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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.”
43(B)log
JULY 6, 2022
The parties are involved in related patent litigation. Medline also allegedly made “unfounded allegations” that its system was safer and reduced the risk of catheter-induced urinary tract infections (ugh)/that BD’s new design was more likely to cause UTIs. The allegations were sufficient to state a Lanham Act claim.
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.
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.
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.
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