Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. ” Section 230. eBay case from 2008. Apple, Inc.

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False Advertising Privacy Publishing Advertising 113

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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.,

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False Advertising Designs Design Advertising 59

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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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co.

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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. Still, plaintiffs plausibly pled secondary meaning [at least of the design mark, I think[ and also plausibly pled that at least some of defendants’ materials infringed.

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False Advertising Ownership Registration Designs 72

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FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. Amazon may also be able to redefine information by contract. A: they are very close.

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Law Branding Brands Branding 119

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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?

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Advertising Advertising False Advertising Public Use 59

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MAY 3, 2023

2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims. The breach of warranty claims were properly dismissed because MacNaughton failed to allege proper notice and privity of contract. Relying on Int’l Code Council, Inc. UpCodes Inc., 4th 46 (2d Cir.

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Law False Advertising Advertising Advertising 52

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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.,

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False Advertising Advertising Advertising Designs 59

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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.”

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SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

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IP Copyright Trademark Intellectual Property 124

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SEPTEMBER 20, 2022

2022 WL 4125065, 15-MD-2645 (NRB), 15-MC-2645 (NRB) (S.D.N.Y. 9, 2022) Plaintiffs alleged that KIND products displaying an “All Natural/Non GMO” label were deceptive or misleading. Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines.

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