43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

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43(B)log

MARCH 3, 2023

2023 WL 2298748, 2022-1433 (Fed. TRUSTID lost both patent infringement and Lanham Act false advertising claims. Next Caller’s Head of Sales instructed his team to “jack that stat or make up a number like 8%” for Next Caller’s product, so Next Caller advertised VeriCall as providing a 10 percent increase in IVR containment rates.

False Advertising 59

False Advertising Advertising Advertising Patent Infringement 59

43(B)log

APRIL 25, 2022

Pacifici, 2022 WL 889275, No. 25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

APRIL 29, 2022

2022 WL 1203742, No. 22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements. Zillow, Inc.,

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

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43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The First Amendment has long coexisted with no-fault false advertising laws. citing both UCL and Lanham Act claims, including false advertising claims.] “The

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False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

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False Advertising Advertising Advertising Copying 83

43(B)log

JANUARY 23, 2023

8:22-cv-827-JVS-KESx, 2022 WL 18396275 (C.D. 12, 2022) Reconsidering its previous decision as to the Lanham Act claim , the court granted a preliminary injunction against counterclaim defendant Santos dba OSD. Still, a portion of the decline could still be attributable to the false statement. Santos Elecs.

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43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Materials revealed in discovery can support a finding of good cause.

False Advertising 59

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43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc., C21-1329RSM (W.D. Amazon.com, Inc.,

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False Advertising Advertising Advertising Branding 69

43(B)log

MARCH 9, 2022

4th -, 2022 WL 664918, No. 7, 2022) Plaintiffs sued defendants for violating § 1125(a). A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. “The

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False Advertising Advertising Advertising Litigation 52

43(B)log

MARCH 4, 2022

2022 WL 621815, No. 3, 2022) Plaintiffs sued the makers of Dude Wipes [I really must ask: are men ok?] for falsely advertising them as “flushable” under California’s CLRA/UCL/FAL, NY’s GBL, Illinois’s ICFA, and breach of warranty. Dude Prods., 21-cv-00682 (N.D.

False Advertising 59

False Advertising Advertising Advertising Law 59

JD Supra Law

MARCH 31, 2022

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant baker’s motions for judgment as a matter of law on trade secrets misappropriation and false advertising claims.

False Advertising 52

False Advertising Advertising Advertising Law 52

JD Supra Law

MAY 16, 2022

When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion. But could a competitor sue under the Lanham Act if those "local" goods are actually shipped over from a neighboring state? A lack of "verifiable factual.

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False Advertising Advertising Advertising 52

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.

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False Advertising Advertising Advertising Licensing 72

43(B)log

MARCH 4, 2022

BPI Sports, LLC, 2022 WL 612669, No. 2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. ThermoLife Int’l LLC v. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

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False Advertising Advertising Advertising Licensing 72

43(B)log

DECEMBER 26, 2022

3d 444, 2022 WL 16640767, 2022 N.Y. 3, 2022) The trial court found Image liable for false advertising of an unapproved medical procedure (removing fat cells and reinjecting them elsewhere in the patient’s body). Image Plastic Surgery, LLC , N.Y.S.3d 3d -, 210 A.D.3d 06181 (App.

False Advertising 59

False Advertising Advertising Advertising 59

43(B)log

OCTOBER 9, 2023

He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

Advertising 72

Advertising Advertising Branding Brands 72

43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

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False Advertising Advertising Advertising Privacy 59

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. The Court granted Defendant’s motion for two reasons.

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False Advertising Advertising Advertising Law 68

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2125492, No. 14, 2022) Discussion of opinion below , which had more clownish behavior; the issue on appeal is narrower. American Society of Home Inspectors, Inc. International Ass’n of Certified Home Inspectors, F.4th 21-1087 (10th Cir. But wasn’t InterNACHI alleging sole competition?

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False Advertising Advertising Advertising Marketing 56

43(B)log

MARCH 14, 2023

Its principal, Patton, allegedly promoted the business “by creating a fictionalized crisis between [FedEx] and its ISPs and TSPs as an advertisement for the purported need for Route Consultant’s consultancy and other services.” Was this “commercial advertising or promotion”? For “[a]lmost all of the.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. De Simone v. VSL Pharmaceuticals, Inc.,

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

JUNE 30, 2022

American Marriage Ministries, 2022 WL 2317439, No. 28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising.

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False Advertising Advertising Advertising Business 59

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

AUGUST 1, 2022

3d -, 2022 WL 3008304, 138 Nev. 28, 2022) The state supreme court denied mandamus against a district court order reinstating a deceptive trade practices complaint based on false claims about the safety of tobacco products. Plaintiffs also sufficiently pled that they were directly harmed by RJR’s false and misleading advertising.

False Advertising 59

False Advertising Advertising Advertising Law 59

JD Supra Law

JANUARY 10, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. Next Caller, Inc.,

False Advertising 52

False Advertising Advertising Advertising Law 52

Erik K Pelton

DECEMBER 20, 2022

Here are the biggest trademark stories of 2022 that we have been following at EMP&A. The application was initially approved and published for opposition in June 2022. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. © 2022 Erik M.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Allied Modular Building Systems, Inc.

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Advertising Advertising False Advertising Trademark 102

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other. The parties compete in the market for skid steer attachments and other products.

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Fair Use Advertising Advertising False Advertising 64

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived.

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False Advertising Cease and Desist Advertising Advertising 59

43(B)log

MAY 19, 2023

EDCV 20-1489-GW-JPRx, 2022 WL 19827572 (C.D. 18, 2022) MacroAir asserted – among other things – a counterclaim for false advertising under the Lanham Act. Moreover, “it is not the type of advertisement or communication in question in general that must be material, but the deception itself.” Delta T LLC v.

False Advertising 72

False Advertising Advertising Advertising Technology 72

43(B)log

JUNE 22, 2022

2022 WL 2205263, -- F. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, Plateau Casualty Ins. Securranty, Inc., 3d --, No. 2:22-cv-00007 (M.D.

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Advertising Advertising False Advertising Contracts 72

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. 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.” Santos Elecs.

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

APRIL 15, 2024

A notice of allowance issued in 2022. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. GMI sent a C&D to GMP in April 2022 (whoops!)

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43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

JANUARY 27, 2023

2022 WL 18399950, No. 26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

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False Advertising Advertising Advertising Trademark 59