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?

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43(B)log

JUNE 17, 2022

From 2015 to 2020, ASHI featured the following slogan on its website below its organizational logo: “American Society of Home Inspectors. They offer memberships to home inspectors, who typically inspect homes prior to home sales; they are currently the only two national bodies of this type.

False Advertising 56

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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.

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43(B)log

MARCH 14, 2023

The allegedly false statements made various claims about the precarity of CSPs/FedEx’s responsibility therefor, such as, after referencing the economic changes over the past 12 months, “there has been no financial adjustment in any capacity”; the “average FedEx Ground business run by a CSP currently operates on profit margins below 0%”; since the Q4 (..)

False Advertising 59

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Delaware Intellectual Property Litigation Blog

MAY 15, 2021

. § 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.

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43(B)log

OCTOBER 9, 2023

They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.” False advertising, Amazon defendants: The complaint didn’t explain how any of the statements about the Brand Registry were false or misleading.

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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 ®.

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Fair Use IP Trademark False Advertising 59

43(B)log

APRIL 15, 2024

Eat Just, GMI’s parent company, filed an ITU for a stylized GOOD Meat mark in 2020; in 2021, defendants entered into agreements granting their security interests in the intent-to-use application to a third party, and also Eat Just assigned the entirety of its business having an interest in the GMI mark to GMI.

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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.

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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. Navatar provides cloud-based customer relations management software services to global financial customers.

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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.

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False Advertising Settlement Contracts Advertising 40

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

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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

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” sought to send the case to arbitration. Warner Bros.

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False Advertising Government Privacy Designs 87

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.

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43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

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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

SEPTEMBER 14, 2021

Beyond 79, LLC, 2020 WL 9848431, No. 15, 2020) Previous opinion. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled. Express Gold Cash, Inc. 18-CV-00837 EAW (W.D.N.Y.

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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.

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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.

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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.

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False Advertising Advertising Advertising Privacy 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

Technology & Marketing Law Blog

JUNE 8, 2024

In 2020, the plaintiff learned that “Defendant was using Plaintiff’s Marks in online tamale advertisements and in Google AdWords, which placed Defendant’s products above Plaintiff’s products in search results for the phrase ‘Texas Tamale.'” Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

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Trademark Advertising Advertising False Advertising 96

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 7, 2021

I n mid-2020, Marchese allegedly contacted Wakefern about the possibility of joining the Wakefern cooperative. Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story.

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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.

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False Advertising Social Media Advertising Advertising 45

43(B)log

FEBRUARY 28, 2022

In March 2020, Healthvana objected, and Telebrands’ counsel indicated that it would rebrand as “Handvana.” “By 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. Surprised?

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False Advertising Marketing Marketing Branding 64

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. 2020), held that past purchasers couldn’t maintain an injunctive class.

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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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

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False Advertising Advertising Advertising Social Media 59

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.

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Blogging False Advertising Advertising Advertising 59

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].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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 is Netafim’s largest competitor.

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False Advertising Advertising Advertising Blogging 59

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.

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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).

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43(B)log

AUGUST 17, 2021

It sought to represent a class bringing state law claims for fraudulent concealment, unfair business practices, and false advertising. 2020), the plaintiff needed to allege that it lacked an adequate remedy at law, which it did not allege. The court granted the motion to dismiss. Premier Nutrition Corp., 3d 834 (9th Cir.

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BYU Copyright Blog

OCTOBER 11, 2021

In an order filed on October 8, 2020, the Court denied the injunction. In our last update on this case, we noted that the parties had submitted documents arguing for and against the court instituting a preliminary injunction to keep Columbia and its associates from using the disputed trademarks.

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False Advertising Copyright Infringement Intellectual Property Ownership 52

IP Tech Blog

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

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False Advertising IP Patent Infringement Intellectual Property 57