LexBlog IP

MARCH 6, 2023

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.

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43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false. UpCodes Inc., 4th - (2d Cir.

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False Advertising Law Advertising Advertising 59

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2015: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

SEPTEMBER 22, 2021

A jury found the VSL parties liable for false advertising and unjust enrichment, basically for advertising that the formula was still the same, and awarded over $17 million in damages. Now De Simone’s entities compete with Alfasigma. Defendants argued that, under In re GNC Corp., 3d 505 (4th Cir. The district court disagreed.

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43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.

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43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

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43(B)log

FEBRUARY 7, 2022

But Nestlé pointed to no evidence that plaintiffs knew about the controversy before 2015, creating a genuine dispute about what they knew or should have known. Nestlé then argued that, because this controversy has been in the news since 2003, the plaintiffs have been on “inquiry notice” of their claims for years.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

January 6, 2015. 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 Date. OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. April 9, 2019.

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Trademark False Advertising Patent Registration 52

43(B)log

JULY 5, 2023

The district court granted defendants’ motion to dismiss on the ground that the complaint didn’t allege that defendants had made false representations about the character or quality of the garments that plaintiff bought, which the district court understood to be essential under the state supreme court’s decision in Pearson v. 3d 3 (2015).

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43(B)log

FEBRUARY 26, 2024

program, but not from its less-competitive EdD program (which was offered online after 2015). As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification. 2U argued that, since it didn’t knowingly provide false data, this reasoning didn’t apply to it.

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43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). 2015) (cleaned up). Google, Inc.,

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LexBlog IP

AUGUST 7, 2023

Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle. Are the reports advertisements? Radiance v NAACP, 1415-68 (4th Cir 2015). Note: these are California state claims so I’ll say I’m puzzled and leave it at that. As an aside, there is no Lanham Act 43(a) cause.

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Social Media Reporting Contracts False Advertising 52

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019.

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43(B)log

MAY 10, 2024

According to Plaintiffs, “[a]s of 2015, an estimated 7.3 And indeed, Defendants’ products are a specialty item targeted to a class of informed consumers to aid in their attempts to become pregnant. Many buyers of ovulation test kits have had trouble getting pregnant in the past, and as such, seek help from various sources.

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43(B)log

JUNE 17, 2022

From 2015 to 2020, ASHI featured the following slogan on its website below its organizational logo: “American Society of Home Inspectors. They offer memberships to home inspectors, who typically inspect homes prior to home sales; they are currently the only two national bodies of this type.

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Technology & Marketing Law Blog

JULY 25, 2021

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 105

43(B)log

NOVEMBER 19, 2021

2015), by contrast, the defendant sent identical emails to each of the plaintiff’s 22 customers to inform them that defendant would be taking over plaintiff’s responsibilities. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir. Ten out of 500 customers, at varying times with varying messages, just isn’t enough.

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43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. 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).

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43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

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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.

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43(B)log

NOVEMBER 8, 2021

Between 2015-2019, its website identified 14 patents as “protect[ed]” by the logo, though in 2019 it modified the site to include a table purporting to demonstrate which of ThermoLife’s patents were practiced by ThermoLife’s licensees. We are the only legitimate source for patented and licensed amino acid nitrates.

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43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. But Aquestive’s petitioning activity was protected conduct under the anti-SLAPP statute, and Neurelis didn’t show a likelihood of prevailing on the merits on that, including the malicious prosecution claim in its entirety.

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Designs Design Patent Prosecution Art 56

43(B)log

JULY 15, 2022

In addition, the jury reasonably (if just barely) could have found that Core Health began to manufacture Max Racks after the agreement expired in November 2015.” Payment of the profits on those units reduced Core’s monetary liability, but not the violation. “In But the evidence of this was “relatively insubstantial.”

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Advertising Advertising Licensing False Advertising 59

43(B)log

OCTOBER 4, 2021

So the fact that J-B Weld had low sales in 2015 is not an excuse for delaying, but rather a reason why Illinois Tool should have acted then. 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.”

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43(B)log

SEPTEMBER 11, 2023

In 2015, the crown mark was registered. Meanwhile, Rex Exchange, founded in 2015, offers an online platform for homeowners and homebuyers to transact the sale of single-family homes. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims.

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43(B)log

SEPTEMBER 20, 2022

In 2015, FDA issued a warning letter to Kind about its “healthy and tasty” claims, stating that the language was an “implied nutrient content claim” and that certain KIND products did not meet the FDA’s saturated fat content requirements necessary to describe food as “healthy.”

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43(B)log

FEBRUARY 28, 2022

Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.

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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.

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43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design. Porn/adult film, sex therapy, and nudist resorts also missing.

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