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 complaint plausibly alleged that at least some defendants knowingly evaded federal and state laws.

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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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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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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. Santos Elecs. Outlaw Audio, LLC, No. Injury requires evidence of causality and consumer deception.

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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.

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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.

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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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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia , 2022 WL 3544170 (S.D.N.Y. 2022 WL 3647817 (E.D. Jargon Watch: The court describes competitive keyword advertising as “keyword conquesting.” The post Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Case Citation : LoanStreet, Inc. Peninsula Components, Inc.

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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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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. Nor would amendment be futile.

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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

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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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. 2022 WL 953150, No. Google, Inc.,

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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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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.

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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

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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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. Also, there was no relevant difference between trademark and false advertising cases in terms of accepting informational harm. De Simone v. VSL Pharmaceuticals, Inc., 20-1846, No.

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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.

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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.,

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False Advertising Advertising Advertising Law 52

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. Universal Life Church Monastery Storehouse v. C19-0301RAJ (W.D.

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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. Reynolds Tobacco Co. Eighth Judicial District Ct.,

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False Advertising Advertising Advertising Law 59

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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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. Delta T LLC v. MacroAir Technologies, Inc., Summary judgment dismissing the claim.

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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.

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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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43(B)log

NOVEMBER 21, 2022

Google LLC, 2022 WL 17072948, No. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

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43(B)log

JANUARY 18, 2022

3:21-cv-386, 2022 WL 122923 (E.D. 12, 2022) The parties compete in the market for wood protection products. Likewise, against the other defendant, an ad that it plausibly placed in Pallet Central Magazine which said that “WoodLock Bio-Shield Mold Inhibitor is safe for employees and machinery” was also plausibly false advertising.

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43(B)log

MARCH 18, 2022

2:21-cv-00246-RJC, 2022 WL 783428 (W.D. 15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. Eyenavision, Inc. EnChroma, Inc.,

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IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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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. But SouthState did have standing for a false advertising claim.

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43(B)log

SEPTEMBER 13, 2022

N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del. 12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? G-New, Inc. DBA Godiva Chocolatier, Inc.

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43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

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43(B)log

APRIL 29, 2022

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

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Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

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Branding Brands Branding False Advertising 52

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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False Advertising Advertising Advertising Settlement 52