43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.)

False Advertising 64

False Advertising Marketing Marketing Advertising 64

43(B)log

OCTOBER 1, 2021

Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

AUGUST 12, 2021

In 2007, ANSI approved windshield industry repair standards, the Repair of Laminated Automotive Glass Standards (ROLAGS), that stated windshield cracks up to fourteen inches are repairable. Safelite counterclaimed for trade secret theft not related to advertising. can be safe and is viable.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. He has a 2007 Doctor of Chiropractic degree and some post-doctorate training, including certification as a Doctor of Natural Medicine and as a Certified Nutrition Specialist. Nepute, 2023 WL 4623089 , No.

Government 52

Government Advertising Advertising Social Media 52

43(B)log

OCTOBER 1, 2021

Kellogg USA, 2007 WL 4766060 (C.D. 19, 2007), which held that the “Froot” in “Froot Loops” was not misleading in part because it “appear[ed] in the trademarked name of the cereal, not. as a description of the actual ingredients.”

Trademark 45

Trademark False Advertising Advertising Advertising 45

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In 2007, the Ninth Circuit in Perfect 10 v. Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. I even agree with the latter point!) The Minority Opinion.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132