43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

April 29, 2008. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). Registration No. Registration Date. OPTISELECT. May 16, 2017. September 14, 2004. April 9, 2019. January 6, 2015.

Trademark 52

Trademark False Advertising Patent Registration 52

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. 2016); Nat’l Numismatic Certification, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

cum laude , in computer science and business from Lehigh University in 2008. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

FEBRUARY 21, 2022

However, consumers cannot make the quantity of cups advertised on the label if they use one tablespoon per cup. cannister of Folgers Classic Roast advertises that it makes up to 240 cups of coffee, which, according to the instructions, requires 240 tablespoons, or 1200 grams of ground coffee. 2008) (citing Burr v. cup—of coffee.

Advertising 59

Advertising Advertising False Advertising Business 59

Likelihood of Confusion

FEBRUARY 29, 2024

Posted on September 7, 2008. At least we […] The post Best of 2008: Which exit did we get off, again? Well, maybe we’ve been too hard on the Democrats here at LIKELIHOOD OF CONFUSION®.

IP 52

IP False Advertising Advertising Advertising 52

43(B)log

APRIL 26, 2022

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. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52