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 underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. A notice of allowance issued in 2022. With the burden back on GMP to show secondary meaning, it didn’t do so.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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! The parties compete in the shoe market. Trial was scheduled for 2022 (!), In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 59

False Advertising Advertising Advertising Branding 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.

False Advertising 59

False Advertising Design Patent Designs Design 59

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs. Outlaw Audio, LLC, No. Prager Univ. Google LLC, 951 F.3d

Advertising 64

Advertising Advertising False Advertising Copyright 64

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.

Contracts 59

Contracts False Advertising Advertising Advertising 59

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.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. Apple appeared first on Technology & Marketing Law Blog. ” Section 230. eBay case from 2008. Case citation : Diep v.

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False Advertising Privacy Publishing Advertising 113

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.” 4th 1067 (Fed.

False Advertising 59

False Advertising Advertising Advertising Registration 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 parties compete in the industrial fastener market. Peninsula Components, Inc., 19-513 (E.D.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

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.”

False Advertising 72

False Advertising Advertising Advertising Marketing 72

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. S]imple facts and common turns of phrase that appear in marketing materials—for example, about the features of a material or technology—are not protected by copyright.”

False Advertising 72

False Advertising Ownership Registration Designs 72

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.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

FEBRUARY 8, 2024

2022 WL 17881771 (N.D. Under the Green Guides, “marketers can make unqualified recyclable claims” only “[w]hen recycling facilities are available to a substantial majority of consumers or communities where the item is sold.” The court declined to dismiss the claims on this ground. The court distinguished Swartz v. Coca-Cola Co.,

Marketing 59

Marketing Marketing Government Designs 59

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.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. 20-CV-9589 (KMK), 2022 WL 836773 (S.D.N.Y. Gerber Prods. 2023 WL 122910, No. In Gordon v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.)

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Advertising 59

Advertising Advertising False Advertising Public Use 59

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. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable).

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

OCTOBER 11, 2022

Soman , 2022 WL 4627711, -- F. 30, 2022) After previously winning a preliminary injunction , plaintiff (Tofurky) got Arkansas’s prohibition on using meat terms to describe non-meat products permanently enjoined, some entirely and some as applied to its conduct. Turtle Island Foods SPC v. 3d --, No. 4:19-cv-00514-KGB (E.D.

Law 56

Law False Advertising Designs Design 56

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. Groupon appeared first on Technology & Marketing Law Blog. Groupon, Inc. BONUS: Melwani v.

Trademark 80

Trademark Advertising Advertising Settlement 80

43(B)log

JUNE 16, 2022

2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

JANUARY 25, 2022

Platinum LED Lights LLC, 2022 WL 204414, No. 24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). CV-21-01700-PHX-SPL (D. And they are not providing the customers with anything new with an act like that.”

Designs 59

Designs Design Privacy Blogging 59

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 15, 2022

ED CV 19-0835 FMO (SPx), 2022 WL 1600047 (C.D. May 6, 2022) Plaintiffs brought a putative class action asserting CLRA and other state consumer protection claims. Defendants sell allegedly falsely advertised Cosequin canine joint health supplements, which contain glucosamine and chondroitin as the main active ingredient.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. 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. In Re Juul Labs, Inc., I don't even have a RICO tag! I am skipping a lot of the elements. All these claims predominated over individual issues.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

MARCH 2, 2022

Pete & Gerry’s Organics, LLC, 2022 WL 602971, No. 28, 2022) Mogull alleged that eggs marketed by defendant Nellie’s as “free-range” are actually not “free-range.” Its website is “nelliesfreerange.com,” and the phrase “free-range” was stated throughout separately from the “Certified Humane” designation.

Designs 83

Designs Design Marketing Marketing 83

43(B)log

APRIL 26, 2022

Johnson & Johnson, 2022 WL 1075421, D077945 (Cal. 11, 2022) Long opinion, as you might expect for a big verdict. The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation.

Advertising 59

Advertising Advertising Marketing Marketing 59