43(B)log

OCTOBER 29, 2021

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. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

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43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc., C21-1329RSM (W.D. So too here.

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False Advertising Advertising Advertising Branding 69

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.

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False Advertising Advertising Advertising Licensing 72

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. De Simone v. VSL Pharmaceuticals, Inc.,

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False Advertising Advertising Advertising Litigation 64

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. A notice of allowance issued in 2022. The false advertising claims are based on the allegation that the defendants falsely advertise and promote their cultivated meat products as “real meat, made without.

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False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

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Advertising Advertising False Advertising Contracts 59

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

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Advertising Advertising False Advertising Copyright 64

43(B)log

NOVEMBER 21, 2022

Google LLC, 2022 WL 17072948, No. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

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False Advertising Fair Use Advertising Advertising 72

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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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. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

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43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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Advertising Advertising False Advertising Marketing 80

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. Were the Qoins statements made in commercial advertising or promotion?

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43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

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LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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False Advertising Advertising Advertising Settlement 52

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

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False Advertising Advertising Advertising Ownership 59

43(B)log

JANUARY 27, 2023

3d -, 2022 WL 16806210, No. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. The remaining design patent claims also failed. The accused design’s grip was also contoured and textured, not angular and smooth. Walmart, Inc., 2:14-cv-02234-DAD-DMC (E.D.

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False Advertising Design Patent Designs Design 59

43(B)log

AUGUST 26, 2022

2022 WL 3647817, No. 24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. the design Peninsula, like PennEngineering, makes floating fasteners with square-in-square designs.

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43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

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43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Coca-Cola Company, 38 F.4th

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False Advertising Advertising Advertising Registration 59

43(B)log

DECEMBER 19, 2022

4th -, 2022 WL 17726673, No. 16, 2022) Affirming the district court , the court of appeals agreed that Coinbase’s arbitration agreement didn’t cover claims based on a sweepstakes it ran, which had a separate set of rules that didn’t compel arbitration. a company hired by Coinbase to design, market, and execute the sweepstakes.

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Contracts False Advertising Advertising Advertising 59

The IP Law Blog

OCTOBER 27, 2022

21, 2022) District Judge George H. In the case, Plaintiff sued Defendant on April 18, 2022 accusing Defendant of infringing U.S. On July 12, 2022, the Court issued a scheduling order pursuant to Federal Rule of Civil Procedure 26(f) which stated that the “[l]ast day to amend without proceeding under Fed. In SSMiller IP LLC v.

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False Advertising Patent Advertising Advertising 98

43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others. Sycamore, Nos.

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False Advertising Advertising Advertising Designs 72

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

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43(B)log

JUNE 14, 2022

19-cv-218-wmc, 2022 WL 1718901 (W.D. May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.”

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False Advertising Advertising Advertising Marketing 72

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. What are you going to do instead, advertise on Bing? A: they are very close. A: quite likely.

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Law Branding Brands Branding 119

43(B)log

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim.

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False Advertising Advertising Advertising Social Media 72

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't? 1:21-CV-274-HAB (N.D.

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Advertising Advertising False Advertising Public Use 59

Technology & Marketing Law Blog

MARCH 13, 2022

2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Groupon, Inc. Amazon.com, Inc.,

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Trademark Advertising Advertising Settlement 80

43(B)log

JULY 6, 2022

2022 WL 2383722, No. 28, 2022) BD and its subsidiary (BD) sell urologic devices and supplies, including catheter trays, which compete with Medline’s. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. Becton, Dickinson & Co. Medline Indus.,

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False Advertising Designs Design Advertising 59

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Still, plaintiffs plausibly pled secondary meaning [at least of the design mark, I think[ and also plausibly pled that at least some of defendants’ materials infringed.

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False Advertising Ownership Registration Designs 72

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. On March 31, 2022, StockX filed a response explaining that the NFTs are not sold as virtual assets, but are rather to authenticate physical shoes. StockX Vault NFTs.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. 2022 WL 4021776 (N.D. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. Apple, Inc.

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False Advertising Privacy Publishing Advertising 113

43(B)log

APRIL 27, 2022

2022 WL 1157481, No. 19, 2022) The parties compete to supply Pacific Gas & Electric Company with specialized guards that protect birds and other animals from electrocution. The resulting ECC-3, which is designed for cutouts made out of porcelain, is Eco’s most successful product and is also sold to other utility companies.

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False Advertising Advertising Advertising Reporting 59

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” 2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

OCTOBER 31, 2022

8:22CV314, 2022 WL 15523245 (D. 27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. Lite-Netics, LLC v. Nu Tsai Capital LLC, NO.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ Alcon Vision, LLC v.

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False Advertising Trademark Advertising Advertising 72