IP Tech Blog

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

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False Advertising IP Patent Infringement Intellectual Property 57

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

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LexBlog IP

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 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. In January 2021, Bumble sought to add an arbitration clause to its TOS. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar joined Bumble in 2016. ” Implications.

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43(B)log

OCTOBER 7, 2021

2021 WL 565813, 2d Civil No. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. Grundman v. Tranik Enters.,

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Litigation Advertising Advertising Marketing 59

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s 2021 FFS. The court summarizes the applicable legal standard: We agree with Southwest Recreational, the Ninth Circuit opinions, and the treatise author [McCarthy] that in the context of internet searches and search-engine advertising in particular, the critical issue is whether there is consumer confusion. Adler, P.C.

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43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.” Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

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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. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig.

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Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes Inc, , 2021 WL 3493764 (N.D.

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Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. 2021 WL 3117239 (C.D. June 7, 2021). More Posts About Keyword Advertising.

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43(B)log

MAY 2, 2022

26, 2022) This opinion resolves challenges to expert testimony in a false advertising class action under NY’s GBL challenging the advertising of Joint Juice as touting benefits of a useless product; both parties win and lose some. Premier Nutrition Corp., 2022 WL 1225031, No. 16-cv-06980-RS (N.D.

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43(B)log

MAY 2, 2022

20-23564-CIV-COOKE/GOODMAN, 2021 WL 8129371 (S.D. 15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. As of October 14, 2021, the Settlement Administrator had received a total of 50,634 claims.

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43(B)log

FEBRUARY 7, 2022

Those same labels often conspicuously say “dietary supplement,” “fluoride supplement,” and include a “Supplement Facts” panel, but Method alleged that nevertheless, the market considers H-2’s products to be prescription drugs and treats them accordingly. In Belcher Pharmaceuticals, LLC v. Hospira, Inc., 4th 1374, 1380–81 (11th Cir.

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43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

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43(B)log

AUGUST 30, 2021

2021) Belcher alleged that the labels for two of Hospira’s drugs falsely implied that the products and their uses were FDA-approved. Belcher argued that Hospira’s inserts gave the false impression that Hospira’s epinephrine products (along with their indications) were approved by the FDA. Belcher Pharms., Hospira, Inc.,

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Marketing Marketing Litigation False Advertising 69

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

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43(B)log

AUGUST 25, 2021

Windex Non-Toxic Litig., 2021 WL 3191733, No. 28, 2021) Plaintiffs alleged that SCJ used false and misleading labels that certain of its Windex products have a “non-toxic formula.” Johnson & Son, Inc. 20-cv-03184-HSG (N.D. For example, apple seeds contain cyanide.

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43(B)log

OCTOBER 11, 2021

18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No.

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Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc. Civil Action No.

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43(B)log

SEPTEMBER 1, 2021

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 2021 WL 3371938, No. 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the gasoline additive MTBE and/or tertiary butyl alcohol, a product formed by the breakdown of MTBE in water.

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43(B)log

AUGUST 31, 2021

3d -, 2021 WL 2953241, No. 14, 2021) Plaintiffs challenged the labels on a line of CC’s pinot noirs, alleging deception about the wine’s appellation of origin in Oregon generally and three valleys in Oregon specifically, as well as the grapes’ purported coastal roots. Copper Cane, LLC, F.Supp.3d 20-cv-04068-RS (N.D.

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Graphic Design Government Designs Design 56

43(B)log

AUGUST 12, 2021

2021 WL 1215869, No. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. True, the plaintiff in Lexmark sold to customers too, but it was allegedly 100% or nearly of the market, which doesn’t seem to be the case here.

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43(B)log

NOVEMBER 19, 2021

3d -, 2021 WL 5355958, D077984, D078186 (Ct. 17, 2021) The parties compete in developing means to administer diazepam, a drug used to treat acute repetitive seizures (ARS). Acquisitive didn’t show that the litigation privilege applied, since it didn’t argue that the citizen petition was part of a judicial or quasi-judicial proceeding.

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43(B)log

SEPTEMBER 21, 2021

2021 NY Slip Op 03485, N.E.3d 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., 3d - 37 N.Y.3d

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43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

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43(B)log

SEPTEMBER 10, 2021

18-30182-beh, 2021 WL 1347193 (E.D. 30, 2021) Previous denial of injunctive relief. There are a number of opinions in this case—the judge spent time on this rather unusual false advertising analysis in a bankruptcy case, including taking care with the expert evidence. In re C2R Global Manufacturing, Inc.,

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43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 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. . …

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43(B)log

FEBRUARY 24, 2021

Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules. FTC also challenged “Danish cookies” that weren’t made in Denmark.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions.

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43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., 21-2984-MD-W-BP, 2021 WL 7004991 (W.D. 28, 2021) Each canister of Folgers coffee includes a similar label that appears prominently on its front and indicates that the coffee grounds in the canister “MAKES UP TO” a certain quantity of “FL OZ CUPS” of coffee. cup—of coffee.

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43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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43(B)log

AUGUST 27, 2021

2021 WL 859137, No. 8, 2021) Consumers in California and New York who purchased belVita breakfast biscuits, brought a putative class action alleging that MDLZ labeled the breakfast biscuits as “nutritious,” despite the biscuits’ high added sugar content. McMorrow v. z International, Inc., 17-cv-2327-BAS-JLB (S.D.

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Litigation Marketing Marketing False Advertising 59

43(B)log

AUGUST 20, 2021

2021 WL 1138017, No. The legislative history supported the court’s holding because it “suggest[ed] a balance between allowing individual plaintiffs to seek relief while limiting the potential for mass litigation.” [The Voters for Animal Rights v. D’artagnan, Inc., 19-CV-6158 (MKB) (E.D.N.Y. The court disagreed.

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Litigation Advertising Advertising Business 72

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. Takeaway No. 1: Biden Transition Shifts Attorneys General Priorities. Mexico border. Takeaway No.

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