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. Elias Indus., Kissler & Co., 20-CV-01011-CCW (W.D. Kissler is a plumbing repair part manufacturer and distributor that primarily sells non-OEM parts.

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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. no preservatives added.

False Advertising 49

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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

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

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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

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 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.

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Advertising Advertising Social Media False Advertising 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

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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. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

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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

False Advertising Advertising Advertising Editing 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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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

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

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

Technology & Marketing Law Blog

DECEMBER 19, 2021

Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

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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 119

Blogging False Advertising Law Advertising 119

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

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.” Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

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

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

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

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

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. Relying on TransUnion LLC v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 2023 WL 8006602, MDL No. 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

JULY 25, 2021

2021 WL 3117239 (C.D. June 7, 2021). McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. As an outsider to this case, the First Rule of Holes comes to mind. YouTube , Divino v.

Advertising 105

Advertising Advertising Settlement Trademark 105

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.

Settlement 118

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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

JANUARY 19, 2022

2021 WL 649821, No. The magistrate recommended finding an ACPA violation and awarding attorneys’ fees (there was some litigation misconduct). Marksman Security Corp. Security, Inc., 19-62467-CIV-CANNON/HUNT (S.D. marksmensecurity.com and some other TLDs).

Litigation 45

Litigation Business False Advertising Advertising 45

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Effective July 1, 2021, the Honorable Colm F. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P. Stark, who served the District of Delaware well as Chief Judge since 2014.

False Advertising 75

False Advertising Patent Infringement Advertising Advertising 75

43(B)log

FEBRUARY 7, 2022

H-2 also allegedly misled the market by falsely advertising that its fluoride products have “National Drug Codes,” (“NDCs”), “unique universal product identifier[s] for drugs,” allegedly conveying that the products are prescription drugs. “In But at this early litigation stage, the Court is to take as true all factual allegations.”

False Advertising 56

False Advertising Marketing Marketing Advertising 56

43(B)log

NOVEMBER 8, 2021

2021 WL 5144552, No. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but also soybean oil and artificial flavors. Bimbo Bakeries USA, Inc., 20-CV-8923 (JMF) (S.D.N.Y. Judge Furman relied on In re 100% Grated Parmesan Cheese Mktng.

Litigation 67

Litigation False Advertising Law Advertising 67

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

September 2, 2021), is such a decision. The recent decision rendered by The Honorable Leonie M. Brinkema, of the United States District Court for the Eastern District of Virginia, in Thaler v. Hirshfeld et al. Civil Action No. 1:20-cv-903-LMB (E.D.Va.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

43(B)log

OCTOBER 5, 2021

2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. The Court refuses to reach any such conclusion or finding regarding the items purchased by Plaintiff at this early stage of the litigation.” Vinluan-Jularbal v.

Registration 45

Registration Litigation Business Law 45

Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. Emerson Quiet Kool Co. Civil Action No. 20-1652-LPS (D.Del.

Trademark 66

Trademark Copying Law False Advertising 66

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

Advertising 56

Advertising Advertising Copying Technology 56

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.”

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43(B)log

AUGUST 30, 2021

2021) Belcher alleged that the labels for two of Hospira’s drugs falsely implied that the products and their uses were FDA-approved. Belcher argued that Hospira’s inserts gave the false impression that Hospira’s epinephrine products (along with their indications) were approved by the FDA. Belcher Pharms., Hospira, Inc.,

Marketing 69

Marketing Marketing Litigation False Advertising 69

43(B)log

SEPTEMBER 1, 2021

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 2021 WL 3371938, No. 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the gasoline additive MTBE and/or tertiary butyl alcohol, a product formed by the breakdown of MTBE in water.

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