43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

43(B)log

JULY 3, 2023

Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. 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.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

magna cum laude , from George Mason University School of Law in 2014 and his B.S., 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

APRIL 27, 2022

Multiple PG&E employees testified that, when they were assessing Eco’s products in 2018, they felt the 2014 test reports were ‘outdated,’” and PG&E had also received reports suggesting that Eco’s products “electrically tracked,” which presented a fire risk. There was a triable issue on the other parts of the claim.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Stark, who served the District of Delaware well as Chief Judge since 2014. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P.

False Advertising 75

False Advertising Patent Infringement Advertising Advertising 75

Technology & Marketing Law Blog

JULY 25, 2021

Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). Aliign spent a lot of money on this lawsuit, seemingly far disproportionate to the amount of money they expect to make from sales of their own goods (they made only 2 independent sales since 2014). Reyes & Adler v.

Advertising 105

Advertising Advertising Settlement Trademark 105

43(B)log

APRIL 29, 2022

16, 2022) DeNike bought a 2014 Jeep Wrangler with a hardtop from defendant. Even if that makes Song-Beverly duplicative of other California statutes prohibiting false advertising, it expressly provides that its “remedies. Mathew Enterprise, Inc., 76 Cal.App.5th 5th 371, H046420 (Mar.

False Advertising 45

False Advertising Advertising Advertising Settlement 45

43(B)log

AUGUST 9, 2021

It brought Lanham Act and California FAL/UCL claims over defendants’ allegedly false advertising of their respective OTC lidocaine patches. 1993), held that implied misrepresentation-of-approval claims must fail because the act of placing a drug on the market with standard package inserts doesn’t falsely imply FDA approval.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 24, 2023

I n 2014, Amgen introduced Onpro, a new method for delivering Neulasta through an “on-body injector.” Injury: Damages and disgorgement under the Lanham Act require injury (for false advertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon).

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

APRIL 26, 2022

MaxRelief used to surce pain relief spray products in Australia from a non-party, but stopped in 2014. Painaway advertised its products as “Australia’s No. MaxRelief sells pain relief spray and cream through its website and through online distributors such as Amazon.com and retail pharmacies.

Television 72

Television Social Media Advertising Advertising 72

Shades of Gray

NOVEMBER 2, 2016

The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. 1749 (2014). [2] 2002) (affirming award of $2,308,000 in attorneys’ fees to defendant where plaintiff asserted groundless false advertising claim); Hartman v. 2] SunEarth, Inc. Sun Earth Solar Power Co., Ninth Circuit Case Nos.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

DECEMBER 20, 2021

Young ‘developed Young Living’s very high standards for therapeutic-grade essential oils,’ … that separate its products from its competitors.’” Customers allegedly pay premium prices for these essential oils.

Advertising 90

Advertising Advertising Blogging False Advertising 90

43(B)log

MARCH 23, 2022

Roughly: Orthodontists accused SDC of falsely advertising its plastic aligners as equivalent to traditional orthodontic treatment. 102 (2014), would seem to support plaintiffs’ arguments that they could enforce the Lanham Act even against FDA-regulated activity. POM Wonderful LLC v. Coca-Cola Co., Citing JHP Pharms.,

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 24, 2023

In 2014, Marshall and Harris appeared together at the Judge Mablean Ephraim Foundation red carpet where they identified themselves as “Jade.” Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

OCTOBER 4, 2021

J-B Weld began in 2014 to sell gasket makers as “Ultimate Black” and “Ultimate Grey.” False advertising claims as to “Made in USA”: First, J-B Weld argued that Illinois Tool lacked standing because it didn’t advertise its own products as being “Made in USA.” Illinois Tool sued in 2019.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Axon makes Taser “non-lethal weapons” (but that can’t be the generic name—anything that encompasses a Taser and a beanbag gun is clearly too broad).

False Advertising 52

False Advertising Advertising Advertising Social Media 52

The TTABlog

MAY 8, 2023

118, 125 26 , 109 USPQ2d 2061 (2014)). "A For example, while a competitor who is forced out of business by a defendant’s false advertising generally will be able to sue for its losses, the same is not true of the competitor’s landlord, its electric company, and other commercial parties ….” Naked TM, LLC , 965 F.3d 2020), cert.

Registration 40

Registration False Advertising Trademark Business 40

43(B)log

SEPTEMBER 1, 2021

One Ford Performance parts manager was aware of a consumer report that Limp Mode occurred on a public road; a 2014 internal email from Ford’s Chief Functional Engineer warned not to send cars without coolers to Germany (likely due to the manner of driving on the autobahn); and Ford added standard coolers in later model years.

Advertising 45

Advertising Advertising Technology Reporting 45