Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

43(B)log

MARCH 6, 2024

In 2019, Qoins entered into a Master Disbursement Services Agreement with Atlantic Capital Bank to establish a banking relationship, which included creating bank accounts that contained customer funds. But SouthState did have standing for a false advertising claim.

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

NOVEMBER 5, 2021

16, 2021) Previous ruling ; new judge still finds the false advertising claims sufficiently pled. Thus, Microsoft allegedly falsely advertises its scanner as possessing a security capability that it does not actually possess; TocMail identified statements such as “a higher standard of security at lower cost than. [is

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

FEBRUARY 7, 2022

During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion?

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

43(B)log

MAY 3, 2023

Plaintiffs’ claims under New York law were based on the offer of an “ever-growing” or “growing” library of live and on-demand studio classes, which offer was allegedly false because a bunch of classes were pulled from the library because of unlicensed music use. the on-demand classes removed from [Peloton’s] library in March 2019.”

Music 59

Music False Advertising Advertising Advertising 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. So the burden falls to Princeton to show that its exclusion is valid.” Princeton Excess & Surplus Lines Ins.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

SEPTEMBER 3, 2021

“Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Defendants declined to refund their money. That was sufficient.

Contracts 59

Contracts Advertising Advertising Licensing 59

43(B)log

SEPTEMBER 20, 2021

McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. But he failed to plead any injury to a commercial or sales interest.

Copying 64

Copying False Advertising Social Media Advertising 64

The TTABlog

AUGUST 12, 2021

Whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a § 43(a) suit for false association and false advertising is governed by the most analogous state law statute of limitations, or instead, by laches. Read comments and post your comment here.

False Advertising 89

False Advertising Advertising Advertising Trademark 89

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” There wasn’t an imminent risk of new, now-false ads.

False Advertising 72

False Advertising Advertising Advertising Marketing 72

43(B)log

MARCH 10, 2023

An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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. 2019: [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]. 2018: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool sued in 2019. What if J-B Weld falsely advertised that its bonding products cure cancer or stopped global warming?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

AUGUST 11, 2021

2019-IA-00033-SCT, So.3d The state pointed out that “[t]he FTC Act’s false advertising prohibition does not include labeling, but that limit explicitly applies only ‘For the purposes of sections 52 to 54,’ not § 45(a)(1), the section in which the Act instructs courts to be ‘guided’ by.” Johnson & Johnson v.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

False Advertising 59

False Advertising Law Advertising Advertising 59

IP and Legal Filings

MARCH 14, 2022

This was followed by the Court granting RealReal an extension of time to respond to the Complaint on January 10, 2019, and the filing of an amended complaint (“First Amended Complaint”) by Chanel on February 1, 2019. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 3d 422 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

This was followed by the Court granting RealReal an extension of time to respond to the Complaint on January 10, 2019, and the filing of an amended complaint (“First Amended Complaint”) by Chanel on February 1, 2019. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 3d 422 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

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. But Healthvana didn’t identify any complaint related to any of the allegedly false statements. Telebrands won summary judgment. Surprised?

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

APRIL 27, 2022

The ECC-3 has been Eco’s best seller but has gone unsold to PG&E since 2019.” Eco sued for trade libel, intentional interference with prospective economic advantage, false advertising/unfair business practices under California law, and Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

April 9, 2019. 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 No. Registration Date. OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. January 6, 2015.

Trademark 52

Trademark False Advertising Patent Registration 52

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

BYU Copyright Blog

OCTOBER 11, 2021

As we reported on August 26, 2019, and September 28, 2020, Columbia University ("Columbia") and the Encyclopaedia Iranica Foundation ("EIF"), both of which have been connected with the production of the Encyclopaedia Iranica (the "Encyclopaedia"), have been engaged in a long-running dispute over copyrights, trademarks, and other legal causes of action (..)

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

43(B)log

APRIL 25, 2022

According to Nestle’s own alleged statements, the child labor conditions have worsened rather than improved since the inception of the “NESTLÉ® Cocoa Plan”: from 2017 to 2019, the number of children working on cocoa farms nearly doubled. Walker alleged CLRA and UCL violations. in deciding whether to purchase these products, and.

Advertising 59

Advertising Advertising False Advertising 59

43(B)log

AUGUST 25, 2021

There are 1.6 million concussions in sports and recreational activities annually. Traumatic brain injuries account for more than 2 million emergency room visits per year in the US and contribute to the deaths of more than 50,000 Americans.

False Advertising 59

False Advertising Advertising Advertising Government 59

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. It didn’t advertise directly to clinicians or consumers, aside from the product label and package insert. Did the non-label/package statements qualify as “commercial advertising or promotion”? ExeGi Pharma, LLC v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

SEPTEMBER 20, 2021

Pop star Rihanna has dropped a case instituted by her in 2019 against her father for false advertising and invasion of privacy. The popular database Honey Impact, for the game Genshin Impact, is being threatened to be taken down in light of warnings issued by the legal staff of miHoYo, the game’s developer.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

43(B)log

SEPTEMBER 6, 2023

A 2019 investigation of tabs labeled “Agent listings” and “Other listings” revealed “critical comprehension concerns warranting further iteration.” If you advertise your home on Zillow as for sale by owner, it will appear under “Other Listings.” Before Zillow launched the two-tab system, it evaluated the associated risks.

Advertising 45

Advertising Advertising Licensing Designs 45

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE 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.

Patent 59

Patent Advertising Advertising Licensing 59

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

43(B)log

DECEMBER 28, 2022

2019 WL 3413444 (S.D. 2019), involving more unqualified “Made in USA” statements in stores and on New Balance’s website. The court rejected New Balance’s reliance on a prior settlement in Dashnaw v. New Balance Athletics, Inc.,

Advertising 72

Advertising Advertising Settlement False Advertising 72

43(B)log

JANUARY 16, 2023

2019), held that a survey purportedly showing that consumers understood the term “diet soda” to mean that the drink would “either help them lose weight, or help maintain or not affect their weight” was irrelevant to what a reasonable consumer would understand “diet” to mean. answered that it would be either important or very important.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

APRIL 25, 2023

Louisiana’s 2019 Truth in Labeling of Food Products Act bars, among other things, the intentional “misbrand[ing] or misrepresent[ing of] any food product as an agricultural product” through several different labeling practices.

Law 72

Law Marketing Marketing False Advertising 72

43(B)log

DECEMBER 28, 2022

The complaint further alleged that, by “at the latest[ ] early 2019,” Streamlabs knew about consumer complaints from threads on Twitter, Reddit, and YouTube where customers complained about their unknowing enrollment in the subscription service and Streamlabs’ refusal to contact them about refunds and cancellation of the subscriptions.

Law 59

Law False Advertising Advertising Advertising 59