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

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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

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JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon also allegedly sells a significant number of lenses overseas that are not FDA-compliant, rendering its product packaging for such lenses false and misleading to consumers, including Lens.com.

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False Advertising Trademark Advertising Advertising 72

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JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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False Advertising Advertising Advertising Registration 59

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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.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 11, 2022) This is the main liability opinion. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. What about statements about how a product was “designed”? 17-cv-7394 (LJL) (S.D.N.Y.

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Advertising Advertising False Advertising Marketing 80

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Fish & Richardson is proud to announce the elevation of 17 attorneys to principals at the firm, effective January 1, 2022. Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. The new principals include: Michael Ballanco (D.C.);

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

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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. Roussel Corp., 2d 460 (D.N.J.

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LexBlog IP

SEPTEMBER 2, 2022

2022 continues to be the Year of the Review for consumer protection law enforcers. The complaint details efforts to post purchased positive reviews through “‘drip campaigns’ which involve ‘the steady flow of reviews’” that were designed to make the reviews appear natural and organic.

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False Advertising Settlement Publishing Law 52

LexBlog IP

SEPTEMBER 14, 2022

A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule , it would be reviewing and revising its Green Guides in 2022. There is a limited regulatory framework around green claims, making it prime for litigation.

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Marketing Marketing Advertising Advertising 52

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MAY 2, 2022

2022 WL 1225031, No. 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., 16-cv-06980-RS (N.D.

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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. Case citation : Las Vegas Skydiving Adventures LLC v. Groupon, Inc. BONUS: Melwani v. Amazon.com, Inc.,

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Trademark Advertising Advertising Settlement 80

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Copyright Trademark Intellectual Property 124

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SEPTEMBER 20, 2022

In re Kind LLC “Healthy and All Natural” Litig., 2022 WL 4125065, 15-MD-2645 (NRB), 15-MC-2645 (NRB) (S.D.N.Y. 9, 2022) Plaintiffs alleged that KIND products displaying an “All Natural/Non GMO” label were deceptive or misleading. Previously, the court allowed NY, Florida, and California classes to proceed.

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Litigation Contracts False Advertising Reporting 59

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JULY 6, 2022

19-md-02913-WHO, 2022 WL 2343268 (N.D. 28, 2022) A lot going on here, including a certification of a RICO class, believe it or not. All were limited to individuals who purchased JUUL products from brick and mortar or online retailers (with the usual exclusions for those involved in the litigation). In Re Juul Labs, Inc.,

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Social Media Marketing Marketing Advertising 59