Remove 2015 Remove Advertising Remove Designs Remove False Advertising
article thumbnail

Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

article thumbnail

dissatisfaction w/Amazon's partner program isn't TM infringement/false advertising

43(B)log

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Infringement: Multi Time Mach., Amazon.com, Inc., 3d 930 (9th Cir. Amazon.com, Inc., App’x 400, 401 (9th Cir. So too here.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

article thumbnail

two opinions send "false advertising of certification mark" claim to jury

43(B)log

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

article thumbnail

Tiktok's other, smaller legal problem

43(B)log

2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.” False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

article thumbnail

Too Good a Deal? JC Penny Hit with Class Action Suit Over False Reference Pricing

IP Tech Blog

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

article thumbnail

Too Good a Deal? JC Penny Hit with Class Action Suit Over False Reference Pricing

LexBlog IP

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.