43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

MARCH 18, 2022

Fresh Bourbon, LLC, 2022 WL 785039, No. 14, 2022) Both parties are “owned by African Americans, and both sell bourbon.” Fresh Bourbon responded that it distilled its “Fresh Bourbon brand of Kentucky bourbon in cooperation with an appropriately licensed Kentucky distillery.” Victory Global, LLC v. 5:21-62-KKC (E.D. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

MAY 2, 2022

WGACA, LLC, 2022 WL 902931, No. 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. Chanel, Inc. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 18, 2022

Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. Lemon/lime squirt bottles indicate product and not brand. Why not ask AGs to bring the claims?

Trademark 59

Trademark False Advertising Fair Use Branding 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.

False Advertising 59

False Advertising Advertising Advertising Social Media 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. Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Healthvana, Inc.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Coca-Cola Company, 38 F.4th 4th 1067 (Fed. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

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. 2022 WL 4021776 (N.D. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. The Lanham Act false advertising counterclaim was dismissed. Alcon Vision, LLC v. Lens.com, Inc., 1:18-cv-00407-NG-RLM (E.D.N.Y. In addition, Alcon developed U.S.-only

False Advertising 72

False Advertising Trademark Advertising Advertising 72

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sells products under the “Royal Silk” brand. Groupon appeared first on Technology & Marketing Law Blog. Groupon, Inc.

Trademark 80

Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. Case Citation : Edible IP, LLC v.

IP 127

IP Advertising Advertising Trademark Law 127

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

SEPTEMBER 14, 2022

A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule , it would be reviewing and revising its Green Guides in 2022. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable).

Marketing 52

Marketing Marketing Advertising Advertising 52

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. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

APRIL 26, 2022

2022 WL 1028024, No. Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. MaxRelief USA, Inc.,

Television 72

Television Social Media Advertising Advertising 72

43(B)log

FEBRUARY 17, 2022

17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. 11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. In re: Elysium Health-ChromaDex Litigation, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 28, 2022

3d -, 2022 WL 562827, No. 24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Johnson-Jack v.

Marketing 59

Marketing Marketing Law Branding 59

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. The rejection order is authored by Dr. Latika Dawara, Asst. The Toyota judgement was passed by a Single Judge Bench of Justice Amit Bansal.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JULY 15, 2022

Core Health & Fitness, LLC, 2022 WL 2751685, F.4th 4th -, 2022 WL 2751685 (6 th Circuit Jul. For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Max Rack, Inc. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” MGFB Properties, Inc. Viacom Inc, No.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64