43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So plaintiff is apparently entitled to disgorgement without ever having shown that it was damaged by the false advertising.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.

False Advertising 71

False Advertising Advertising Advertising Government 71

The IPKat

MARCH 7, 2024

-centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally. In addition, a recurrent complaint by trademark owners, particularly of luxury products, is that upcycling could hide counterfeited products, especially when the goods are sold in large quantities and are sold online.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff pointed out that HDR gained access to the group on a false pretense (claiming to be interested in the topic, when really it was just a data snarfer). Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising?

Privacy 134

Privacy False Advertising Contracts Advertising 134

43(B)log

FEBRUARY 24, 2021

Privacy is also a hot topic: CCPA in California is now effective [or as Eric Goldman might say, it’s in effect]. Quality King raised prices for Clorox etc several times and was forced to disgorge profits + penalty; 3M has also been active against mask resellers (or counterfeiters).

Advertising 40

Advertising Advertising Law Privacy 40

Likelihood of Confusion

MARCH 29, 2023

Private-label branding is a huge topic, and a very interesting one. I wrote a huge post about it here, focusing on Hellman’s (or, for you westerners, Best Foods) mayonnaise lookalikes. The post Scalping consumers appeared first on LIKELIHOOD OF CONFUSION™.

Branding 98

Branding Brands Branding False Advertising 98

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.”

False Advertising 86

False Advertising Social Media Publishing Advertising 86

The IPKat

JUNE 13, 2022

They carry a heavy environmental impact Lastly - although slightly off topic for IP, but still relevant when thinking about buying, selling or advising on the topic - it is important to be aware that NFTs carry a heavy carbon footprint , because they depend on blockchain and energy-intensive computer functions.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he Damages experts: The court began with a statement that a Lanham Act [false advertising] plaintiff must prove causation to get damages.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain).

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JUNE 21, 2023

‘Consumers can buy our products with confidence that they meet the industry’s most rigorous safety standards,’ reads the ESG Report.”

Law 72

Law Social Media Reporting Business 72

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

This is a topic I used as a sample exam idea in the 1990s). 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. ” (How about this: let’s not). –Adler v.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

APRIL 12, 2024

The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample. Between 2013 and 2020, there were 1,573,400 phone calls between defendants and California students. Twenty-two percent contained at least one misrepresentation.

False Advertising 59

False Advertising Law Reporting Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

I’m dreading when any Section 230 case goes to the Supreme Court because Justice Thomas will feel free to mess up Section 230 jurisprudence, even on topics not properly before the court. “Intellectual Property” Is Inherently Ambiguous.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

Television 72

Television Social Media Advertising Advertising 72

43(B)log

DECEMBER 20, 2021

Challenged claims include: Defendant’s frankincense oil “promotes feelings of relaxation & tranquility”; Defendant’s lavender oil “promote[s] feeling of calm and fight[s] occasional nervous tension’ and has ‘balancing properties that calm the mind and body”; Defendant’s peppermint oil “helps to maintain energy levels when applied topically.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

Trademark and Copyright Law Blog

APRIL 7, 2020

For instance, on beauty masks the mark could convey that the masks are “strong” against coronavirus, which could present descriptiveness issues (and possibly false advertising concerns?). Unfortunately for these entrepreneurs, the vast majority of these trademark applications are bound for the scrap heap. A good PSA, I guess?

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JULY 20, 2023

Certainly, Defendant Nepute made assertions about Vitamin D, zinc, COVID-19, and the vaccines, among other things, in his advertisements, but he often jumped from topic to topic and did not make connections between his statements. Furthermore, some of the representations he made about Vitamin D and zinc were vague or ambiguous.

Government 52

Government Advertising Advertising Social Media 52