43(B)log

SEPTEMBER 20, 2021

But that meant that “it was Pictsweet’s own recall that communicated to its consumers false and disparaging information about Pictsweet’s products, not CRF’s recall. Lanham Act claim: The recall was not “commercial advertising or promotion.” 2012), was not to the contrary. Innovation Ventures, LLC v. 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

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.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

NOVEMBER 11, 2022

8, 2022) Plaintiffs claimed that Huggies Snug and Dry diapers were falsely advertised as safe/not harsh for babies, but their son developed “severe and persistent rashes, lesions, blistering, and what appeared to be chemical burns on his skin” under the diaper. Kimberly-Clark Corp., 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

Advertising 59

Advertising Advertising False Advertising Government 59

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

JUNE 16, 2022

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.” 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” But: “Famous trademark holders use their marks to brand and market all sorts of goods—some of which are artistic in nature….

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Meticulous Market Research Pvt. Ltd and Indian Performing Rights Society Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

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. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59