43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2016: [link]. The firm has registered more than 4,000 U.S.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs).

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 2016); Nat’l Numismatic Certification, LLC v. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. See, e.g., E-Ventures Worldwide, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

JULY 15, 2022

These references could “perpetuate the ‘perception that’ [Core’s] Freedom Racks were affiliated with the Max Rack brand,” given that the goods were the same, the parties were “potential” competitors, and the mark was identical. [Again I ask whether this is consistent with current Article III standing jurisprudence.]

Advertising 59

Advertising Advertising Licensing False Advertising 59