43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 1, 2021

In 2012, they allegedly signed a contract committing to purchase $573,000 in basil from plaintiffs per year, and then Whole Foods gave plaintiffs a “local producer loan” to buy greenhouse equipment, presenting them with an oversized check for $100,000 at the opening of a Whole Foods in Del Mar, California.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JULY 3, 2023

The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. The use of “exportation line” was arguably the exception, but “[o]ne country’s exportation … is another’s importation, and the meaning is unclear.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

NOVEMBER 28, 2022

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

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

The video stated that the organization had raised over $100 million in donations to charity since 2012 and that the money donated in connection with the Tesla 3 would be given to a specific charity. For example, one plaintiff viewed a video soliciting donations to Omaze for a chance to win a Tesla 3 automobile.

False Advertising 59

False Advertising Advertising Advertising Designs 59

LexBlog IP

SEPTEMBER 14, 2022

The Federal Trade Commission’s (FTC) Green Guides , most recently updated in 2012, aim to ensure that environmental claims are truthful, substantiated, and not confusing to consumers. There is a limited regulatory framework around green claims, making it prime for litigation.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

FEBRUARY 21, 2022

Nazzaro, 2012 U.S. She alleged both health and moral concerns about foreign beef, which she alleged was produced under dangerous and environmentally destructive/harmful labor conditions. She challenged both use of a “U.S.D.A. CHOICE/Produced in the USA” graphic, as well as use of the official USDA grade shields in red, white and blue.

Advertising 59

Advertising Advertising False Advertising Government 59

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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. from Catholic University of America Columbus School of Law in 2012 and his B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 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

SEPTEMBER 20, 2021

Lanham Act claim: The recall was not “commercial advertising or promotion.” 2012), was not to the contrary. CRF’s recall, necessary or not, was only about its own product.” Innovation Ventures, LLC v. 3d 723 (6th Cir. That case involved a recall order based on a trademark/trade dress claim.

Advertising 56

Advertising Advertising Business Reporting 56

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

Second, of course, confusing and explicitly misleading are two very different things—even “fraudulent” and explicitly misleading are two very different things, which is one reason that Lanham Act false advertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.

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. Ltd and Indian Performing Rights Society Ltd. Music Broadcast 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. It did not do so.”

Advertising 59

Advertising Advertising Marketing Marketing 59