43(B)log

SEPTEMBER 30, 2021

Sanderson continues to use and defend the use of antibiotics, but advertised its chicken products as “100% Natural” and ran advertisements stating that there were “[n]o antibiotics to worry about here.” Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

43(B)log

NOVEMBER 28, 2022

23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim. 330 (2016), and TransUnion.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JUNE 18, 2023

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” Based on the fundamental illogic of its litigation position, I see no way for Enigma to win here.

Blogging 87

Blogging False Advertising Litigation Marketing 87

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. And that evidence-preservation must be done in a way that it can convince a judge even if all of the relevant employees have turned over by the time of litigation.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

Shades of Gray

NOVEMBER 2, 2016

On October 24, 2016, the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in extending Octane ’s holding to a trademark fee application. [2]. The Third Circuit was the first to apply Octane in a trademark action, followed by several others, including, most recently, the Ninth Circuit on October 24, 2016.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

AUGUST 31, 2021

The 2016 label references the “coastal hills” of Oregon as an “ideal region to grow” this type of wine. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

JULY 15, 2022

The court went out of its way to say that plenty of uses of “Max Rack” would have been fine, such as in comparative advertising or in claims that the Freedom Rack was identical to the Max Rack, or even that “Core Health used to make the Max Rack for Max Rack, Inc.” But the actual references weren’t procompetitive, unlike those hypotheticals.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.

Editing 45

Editing Contracts Copying Law 45

43(B)log

NOVEMBER 19, 2021

Meanwhile, Aquestive’s Libervant obtained orphan drug designation in 2016. The UCL claim was based on a mix of protected and unprotected conduct; Aquestive’s allegedly “extortionist behavior using litigation as leverage to force Neurelis into waiving [o]rphan [d]rug [e]xclusivity” was not subject to anti-SLAPP treatment.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

FEBRUARY 24, 2024

State bars don’t have standing requirements and you don’t have to litigate in the case itself. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. NYU Press, 2016). That’s the Amazon effect!

Fair Use 45

Fair Use Branding Brands Branding 45

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124