43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he Sports Mall operates its own website. Query: are there actual damages?

False Advertising 59

False Advertising Advertising Advertising Copyright 59

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

FEBRUARY 16, 2023

7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” But “[n]ot all commercial speech is promotional.” Prager Univ.

Advertising 64

Advertising Advertising False Advertising Copyright 64

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. ” That prompted this litigation. ” UGH.

Trademark 101

Trademark Advertising Advertising False Advertising 101

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

MAY 31, 2024

In 2020, Medina got the disclosures from the 2014 case sealed. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. The trial court anti-SLAPPED that lawsuit. The appeals court affirms. I’ll concentrate on the Section 230 discussion.

False Advertising 88

False Advertising Publishing Advertising Advertising 88

IP Watchdog

JULY 25, 2023

Ethicon first filed a complaint against the defendant Mudassar Shah in July 2020 and alleged federal and state trademark infringement of five different trademarks. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

DuetsBlog

OCTOBER 5, 2020

In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting. The post 2020 Midwest IP Institute in the Books appeared first on DuetsBlog ®.

Fair Use 59

Fair Use IP Trademark False Advertising 59

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. Defendants represent 170 owners of units in the Four Ambassadors.

Advertising 59

Advertising Advertising Confidentiality Business 59

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

Advertising 59

Advertising Advertising Marketing Marketing 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

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

FEBRUARY 21, 2022

They plausibly alleged, with examples, lots of horsepower claims, and plausibly alleged that an ordinary person would understand these representations to mean that a treadmill’s in-home continuous horsepower matched the “CHP” value advertised.

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses.

False Advertising 69

False Advertising Advertising Advertising Marketing 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

DECEMBER 29, 2022

In 2020, Jackson “happened to be in the proximity” of MedSpa’s location. “At Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. False advertising: Same. 12, 2022) Jackson, aka 50 Cent, is a famous artist.

Blogging 59

Blogging False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 22, 2021

2020 WL 8509658, No. 23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. (Not 2020 WL 8510342, No.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

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. 5th 642, 651 (2020). 5th 279, 306 (2020) (quoting § 17500).

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

Advertising 40

Advertising Advertising Television Designs 40

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.” 2020) and its progeny, everything but the CLRA claim for damages should be dismissed because these equitable claims were only available if legal claims failed. 3d 834 (9th Cir.

Contracts 59

Contracts Advertising Advertising Licensing 59

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. These were also statements of fact, but the complaint didn’t actually plead that they were false or misleading. Route Consultant, Inc.,

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

SEPTEMBER 10, 2021

2020 WL 9422352, No. 14, 2020) BHRS, which makes water cooler products, sued its competitor Brio for state and federal false advertising and trade libel. Brio Water Technol. 2:20-CV-07652-JWH-JCx (C.D.

False Advertising 45

False Advertising Social Media Advertising Advertising 45

Technology & Marketing Law Blog

MARCH 13, 2022

For example, according to the complaint: On August 19, 2020, Plaintiff searched for “Royal Silk” under all departments on Amazon.com, yielding 60 product listings, including “Sponsored” product listings—ads paid for by the seller. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v.

Trademark 82

Trademark Advertising Advertising Settlement 82

43(B)log

AUGUST 17, 2021

As soon as it was enacted, Fountainhead advertised that it would “soon be tackling the loan inquiries lined up in our queue, providing business owners with capital they need within days.” It sought to represent a class bringing state law claims for fraudulent concealment, unfair business practices, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 3, 2023

May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” Young Living continued to advertise the products as being “therapeutic-grade.” Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, -- F.4th

Law 52

Law False Advertising Advertising Advertising 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. 2020: [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. 2019: [link]. 2018: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JUNE 10, 2024

Zesty Paws began an advertising campaign claiming to be (1) the “#1 Brand of Pet Supplements in the USA,” (2) “USA’s #1 Brand of Pet Supplements” and (3) the “#1 selling Pet Supplement Brand in the USA.” It’s used on every package and in advertising. This seems like a classic apples-to-oranges comparison.

Branding 72

Branding Brands Branding Marketing 72

43(B)log

MARCH 13, 2023

In March 2020 (I was going to say mid-March, but I recognize there’s a question about how long March 2020 actually was), he began marketing facemasks, including masks he described as “N95” and “Class N95.” Beginning in April 2020, customers began complaining about not receiving orders. Romero operated a drop-shipping business.

False Advertising 56

False Advertising Advertising Advertising Business 56

43(B)log

AUGUST 17, 2022

Among many other things, FleetCor advertised that businesses could issue drivers “fuel only” payment cards in order to get greater protection against misuse, while internally acknowledging that the cards weren’t capable of limiting purchases to fuel only—in one case, a driver bought $200,000 in Speedway gift cards using the FleetCor card.

Business 59

Business False Advertising Advertising Advertising 59

43(B)log

MAY 19, 2023

In 2020, the American College of Obstetricians and Gynecologists (“ACOG”) changed its guidance to recommend that all pregnant persons “be offered both screening and diagnostic testing options.” But there was no privity as required for an implied warranty of merchantability, even though plaintiffs alleged reliance on Natera’s advertising.

Advertising 52

Advertising Advertising False Advertising Law 52

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

Branding 52

Branding Brands Branding False Advertising 52