43(B)log

APRIL 25, 2022

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.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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). Superior Court, 9 Cal.5th 5th 642, 651 (2020).

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JULY 25, 2021

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit.

Advertising 106

Advertising Advertising Settlement Trademark 106

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. The audience was in a position to “influence” a “potential buyer” of Libervant by investing in Aquestive to help ensure that company brought Libervant to market before other competing drugs, like Valtoco.

Designs 56

Designs Design Patent Prosecution Art 56

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?

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 15, 2022

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing 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