43(B)log

MARCH 23, 2022

Top Shelf Golf, LLC, 2022 WL 834790, No. 21, 2022) Weird edge case! Motogolf bought online ads on a pay-per-click contract “wherein ads would stop appearing to others if they were clicked a certain number of times in a given period.” But clicking on an ad is not plausibly commercial advertising or promotion.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Evanston Ins.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

MARCH 6, 2024

In June 2022, “SouthState documented the mutual agreement” reached by Qoins and SouthState that the banking relationship between them would terminate, effective July 20, 2022. The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel.

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43(B)log

DECEMBER 19, 2022

4th -, 2022 WL 17726673, No. 16, 2022) Affirming the district court , the court of appeals agreed that Coinbase’s arbitration agreement didn’t cover claims based on a sweepstakes it ran, which had a separate set of rules that didn’t compel arbitration. Issues of contract formation may not be delegated to an arbitrator.

Contracts 59

Contracts False Advertising Advertising Advertising 59

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

DECEMBER 16, 2022

1-22-0662, 2022 IL App (1st) 220662-U (Ill. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement. The relevant policies provided liability coverage for personal and advertising injury.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

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False Advertising Advertising Advertising Designs 83

43(B)log

APRIL 26, 2022

2022 WL 912890, No. Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. DZ Reserve v. Meta Platforms, Inc.,

Advertising 66

Advertising Advertising Social Media Contracts 66

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. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

FEBRUARY 7, 2022

2022 WL 320952, No. Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion? Wound Care Concepts, Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

FEBRUARY 21, 2022

19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. 17, 2022) NordicTrack allegedly can’t achieve or maintain the continuous horsepower defendants represented the treadmills were capable of. Icon Health & Fitness, Inc., They needed to file an amended complaint specifying when they gave pre-suit notice, though.

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

AUGUST 25, 2022

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

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False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

JUNE 15, 2022

2022 WL 1599712, No. 19, 2022) The parties compete in the market for energy drinks. Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 29, 2022

C20-1018-DGE, 2022 WL 1215529 (W.D. And the Patent Act dosen’t preempt “fraud/misrepresentation-based state or federal unfair competition laws, nor state contract and tortious interference laws, as they address conduct beyond mere infringement or noninfringement.” Studio 010 Inc. Digital Cashflow LLC, No.

Advertising 45

Advertising Advertising Contracts Patent 45

Technology & Marketing Law Blog

JUNE 10, 2022

Perhaps the false pretenses could give rise to claims not alleged in this case? Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising?

Privacy 135

Privacy False Advertising Contracts Advertising 135

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. Implications.

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False Advertising Privacy Publishing Advertising 113

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

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Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived.

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't?

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. Amazon may also be able to redefine information by contract.

Law 119

Law Branding Brands Branding 119

43(B)log

SEPTEMBER 26, 2022

2022 WL 4367597, No. 21, 2022) Demetres, a real estate salesperson/broker, alleged that Zillow violated the Lanham Act, the Sherman Act, and the Connecticut Unfair Trade Practices Act, and engaged in tortious interference with contractual relationships. Demetres v. Zillow, Inc., 3:21cv00802 (JBA) (D.

Government 59

Government Law Advertising Advertising 59

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” 2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 7, 2022

2022 WL 343911, No. 4, 2022) A rare plausible fraudulent concealment scenario to toll the limitations period! So too for breach of contract claims: CUTPA provides that “[a]n action under [CUTPA] may not be brought more than three years after the occurrence of a violation.” Nestlé Waters North America, Inc.,

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

JULY 6, 2022

2022 WL 2383722, No. 28, 2022) BD and its subsidiary (BD) sell urologic devices and supplies, including catheter trays, which compete with Medline’s. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. Becton, Dickinson & Co. Medline Indus.,

False Advertising 59

False Advertising Designs Design Advertising 59

43(B)log

FEBRUARY 28, 2022

2022 WL 562265, No. 23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Anyone thinking of contracting with Healthvana—regardless of how careful or careless they were tossing goods into a cart at Wal-Mart—would take a lot more care.]

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

MARCH 9, 2022

2022 WL 667780, No. 4, 2022) Brown Bottling alleged that it had the exclusive bottling, distribution, and sale rights for Pepsi & Dr. Pepper soft drinks in an exclusive geographic territory encompassing much of central and southern Mississippi, as well as two counties in Alabama. Brown Bottling Gp. Imperial Trading Co.,

False Advertising 59

False Advertising Trademark Marketing Marketing 59

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82

Artwork Contracts False Advertising Art 82

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. False advertising: The allegations identified “merely describe the supposed underlying trademark infringement.” 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JANUARY 13, 2022

2022 WL 103541, No. 11, 2022) Plaintiffs filed a putative class action “on behalf of themselves and persons who opted into Coinbase’s $1.2 Whether the court or the arbitrator would determine which contract applied was an issue “for judicial determination unless the parties clearly and unmistakably provide otherwise.”

Contracts 59

Contracts Advertising Advertising Government 59

43(B)log

JUNE 16, 2022

2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Omaze, Inc.,

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The Facebook page was an “online advertising and promotional platform,” not a digital document.

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Social Media Advertising Advertising Business 72

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. 2022 WL 4112360 (N.D. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. Case citation : Alkutkar v.

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False Advertising Marketing Marketing Advertising 126