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. Safelite counterclaimed that Ultra Bond stole trade secrets.

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

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

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. Anyway, the industry standard came to be in 2007, eight years before filing. can be safe and is viable.” This was too speculative.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 20, 2023

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. Her education and research were insufficient to qualify her t o testify as to the clinical benefits of zinc and the prevention and treatment of COVID-19.

Government 52

Government Advertising Advertising Social Media 52

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. This opinion reinforces–indeed, encourages–those efforts.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132