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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

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. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

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. Bumble appeared first on Technology & Marketing Law Blog. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

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.” Malwarebytes appeared first on Technology & Marketing Law Blog. Bleeping Computer.

Blogging 87

Blogging False Advertising Litigation Marketing 87

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. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.”

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

SEPTEMBER 21, 2023

But they are “part of [Starbucks’s] ‘Refresher’ line of beverages, marketed as fruit-based beverages.” The following marketing images allegedly show that “the presence of fruit in the Products is central to the Products’ identity.” 3d 958, 965 (9th Cir.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

JANUARY 16, 2024

By contrast, the testimony of even a single individual may suffice if paired with patently false marketing or relevant extrinsic evidence.” Here, each product was labeled with its actual net weight, which could be used for value comparisons, and there were no relevant surveys.

Marketing 59

Marketing Marketing Law Reporting 59

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

SEPTEMBER 1, 2021

Plaintiffs argued, in essence: “1) Ford advertised all Shelbys as track-capable, the advertising induced Plaintiffs to purchase the car, and then the car did not perform as advertised. It advertised the entire Shelby lineup as “track-ready” and “track-capable.” Ford argued that its ads were puffery.

Advertising 45

Advertising Advertising Technology Reporting 45

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.” the 2017 reads “ACAMPO, CA • CONTAINS SULFITES.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. NYU Press, 2016). NYU Press, 2016). Bill McGeveran: Enshittification is about size, size is about antitrust: you can enshittify when you have market power.

Fair Use 45

Fair Use Branding Brands Branding 45

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

SEPTEMBER 21, 2021

The Tanbook was advertised and available for sale to the general public, including through Matthew Bender’s website and a public, online shopping service. They alleged Matthew Bender violated GBL § 349, based on its alleged misrepresentations about the completeness of the laws reproduced in one section of its publication.

Editing 45

Editing Contracts Copying Law 45

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

MARCH 20, 2023

In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect.” Research and debate continued about the causes of poor response.

Law 45

Law Advertising Advertising Journalism 45

43(B)log

NOVEMBER 19, 2021

Meanwhile, Aquestive’s Libervant obtained orphan drug designation in 2016. 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