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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

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In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums.

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An Antitrust Framework for False Advertising, out now

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Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition.

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falsely advertising "proprietary" and "exclusive" material isn't actionable under Dastar

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2021 WL 4170997, No. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Crocs, Inc. Effervescent, Inc., 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

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facially plausible false advertising claim can be added to TM complaint

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Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim.

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

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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.

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aiding and abetting liability in false advertising cases

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2021 WL 1293839, No. TFL’s website allegedly provides a variety “Affiliate Marketing Resources,” and its marketing director’s LinkedIn profile states that his duties include “Run[ning] and monitor[ing] marketing campaigns.” Quick Box, LLC, 2021 WL 1293862, No. 7, 2021) A similar case. Fulfillment Lab, Inc.,

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two Zillow false advertising cases, divergent outcomes

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C21-312 TSZ, 2021 WL 3930694 (W.D. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. 2:21-cv-00012, 2021 WL 3680717 (D. Zillow Inc., Zillow, Inc.,