43(B)log

OCTOBER 29, 2021

Here, the court granted leave to amend to add a false advertising claim. One of its most popular products is a line of copper-infused compression clothing, marketed under the trademark “Copper Fit,” allegedly designed to alleviate muscle and joint soreness and pain. Nor would amendment be futile.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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. Not all marketing of artistic works is noncommercial speech. The First Amendment has long coexisted with no-fault false advertising laws.

False Advertising 59

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.

False Advertising 83

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.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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. As a result, the jury awarded Plaintiff $1.44

False Advertising 68

False Advertising Advertising Advertising Law 68

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.,

False Advertising 72

False Advertising Advertising Advertising Licensing 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.

False Advertising 59

False Advertising Advertising Advertising Privacy 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 underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

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.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

Marketing 56

Marketing Marketing False Advertising Advertising 56

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. The parties compete in this market.

False Advertising 72

False Advertising Patent Advertising Advertising 72

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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. Tracy Anderson Mind & Body, LLC v.

Marketing 59

Marketing Marketing False Advertising Contracts 59

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. Put differently, PMG endorsed the safety of WoodLock Bio-Shield products in its advertisement based, in part, on J&G’s assurance that those handling WoodLock Bio-Shield I need not wear personal protective equipment.”

False Advertising 59

False Advertising Advertising Advertising Law 59

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! The parties compete in the shoe market. Trial was scheduled for 2022 (!), In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 59

False Advertising Advertising Advertising Branding 59

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.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs. Outlaw Audio, LLC, No. Prager Univ. Google LLC, 951 F.3d

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. 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.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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.” Brough Brothers alleged Lanham Act false advertising, common law unfair competition and tortious interference, and a claim under a Kentucky statute that prohibits use of false brands to deceive consumers.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

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

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. On November 17, 2022, Drake and 21 Savage agreed to this preliminary injunction and also agreed to stop using Vogue trademarks for their album promotion.

Social Media 105

Social Media False Advertising Copying Trademark 105

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. Can provide information about consumer/target market. Had fame in the industry from 1960s on.

Trademark 59

Trademark False Advertising Fair Use Branding 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.

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False Advertising Privacy Publishing Advertising 112

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. More Posts About Keyword Advertising.

Advertising 102

Advertising Advertising False Advertising Trademark 102

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

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Marble explained that he arrived at the $200 million valuation by multiplying DealMaker’s $20 million estimated revenue for 2022 by a multiplier of ten.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? 2022 WL 2063231 (D. June 8, 2022). HDR appeared first on Technology & Marketing Law Blog. Case citation : Davis v. The complaint.

Privacy 134

Privacy False Advertising Contracts Advertising 134

43(B)log

JANUARY 27, 2023

3d -, 2022 WL 16806210, No. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. Walmart, Inc., 2:14-cv-02234-DAD-DMC (E.D. Many years ago, Walmart agreed to sell the Stiles Razor in its stores, but about ten years ago, Walmart terminated the relationship.

False Advertising 59

False Advertising Design Patent Designs Design 59

43(B)log

DECEMBER 1, 2022

GlaxoSmithKline PLC, 2022 WL 17338047, No. Whether GSK engaged in a deceptive practice or false advertising was “well within the conventional experience of judges and only indirectly involves technical matters regarding vaccine efficacy which are within the ambit of the agency’s expertise.” DeCostanzo v.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. 2022), demanded injury to sales or reputation in the US and held that “nebulous future plans for U.S. Coca-Cola Company, 38 F.4th 4th 1067 (Fed.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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.

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

JUNE 14, 2022

19-cv-218-wmc, 2022 WL 1718901 (W.D. May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.”

False Advertising 72

False Advertising Advertising Advertising Marketing 72

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. When is a video showing content published on social media an advertisement, and when it is a documentary? Kogan , 2022 WL 17582560 (S.D. Kogan appeared first on Technology & Marketing Law Blog.

Social Media 115

Social Media False Advertising Advertising Advertising 115

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

JUNE 12, 2022

It’s 2022 and we’re still dealing with this s**t. May 13, 2022). Aciper, 2022 WL 992888 (S.D.N.Y. 2022 WL 1316222 (W.D. April 28, 2022): “That confusion has been amplified by Block’s public communications and worsened by third parties who have, and will likely continue, to link Block, Inc.

Trademark 90

Trademark Advertising Advertising False Advertising 90