43(B)log

MARCH 16, 2023

2023 WL 2504988, No. 13, 2023) Previous district court ruling on irreparable harm ; previous 9 th Cir. Despite Romag , the court declines to award disgorgement or fees in this false advertising case. The jury found that the defendants had engaged in false advertising, and the court enjoined them from specified conduct.”

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43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Vital Pharmaceuticals, Inc., EDCV 18-1882 JGB (SHKx) (C.D. So too with lost market share.

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43(B)log

MAY 22, 2023

2023 WL 3510374, No. May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

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43(B)log

APRIL 18, 2023

Geryon Ventures, LLC, 2023 WL 2903668, No. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Zest Anchors, LLC v. 22-CV-230 TWR (NLS) (S.D.

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Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

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43(B)log

APRIL 25, 2023

BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 19, 2023) Previous discussion. Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. Republic Technologies (NA), LLC v. 16 C 03401 (N.D.

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43(B)log

JUNE 29, 2023

4th -, 2023 WL 4189604, Nos. 27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews.

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43(B)log

SEPTEMBER 7, 2023

2023 WL 5667869, No. 4, 2023) McCracken alleged that SlimFast food products were falsely advertised as “CLINICALLY PROVEN [ – ] LOSE WEIGHT & KEEP IT OFF” on the front of their packaging. McCracken v. KSF Acquisition Corp., 5:22-cv-01666-SB-SHK (C.D.

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43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. False advertising: The use of a Simpson part as a reference number was not a necessary implication that the MiTek parts were equivalent and substitutable in all respects; one reasonable interpretation was that the products were generally suited to the same application or function and should be compared.

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43(B)log

OCTOBER 9, 2023

Lei, 2023 WL 6373073, No. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” 22-cv-1166-RSH-BLM (S.D. Motion to dismiss granted.

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43(B)log

NOVEMBER 6, 2023

Edgewell Personal Care, LLC, 2023 WL 713094, No. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain other reef-harming ingredients. Richardson v. 23-128 (2d Cir.

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43(B)log

DECEMBER 15, 2023

2023 WL 8604148, No. 12, 2023) The parties are compounding pharmacies that focus on medications used in optometry and ophthalmology. Injury: Injury too could not be presumed despite the fact that the parties were direct competitors; this wasn’t false comparative advertising. ImprimisRx, LLC v. 21-cv-01305-BAS-DDL (S.D.

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JD Supra Law

DECEMBER 4, 2023

In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s motion seeking leave to amend its complaint to add false advertising claims in the 1313 investigation. This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint.

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43(B)log

MAY 22, 2023

2023 WL 3535386, No. May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

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43(B)log

FEBRUARY 16, 2023

3d -, 2023 WL 1818137 (W.D. 8, 2023) Chen alleged that Sur La Table violated the Washington Commercial Electronic Mail Act (CEMA) and the Washington Consumer Protection Act (CPA) by transmitting at least 22 commercial emails with purportedly false or misleading information in their subject lines. Sur La Table, Inc.,

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43(B)log

SEPTEMBER 6, 2023

LLC, 2023 WL 5229803, No. 15, 2023) Lokring sells fittings for pipes and other transfer systems for fluids and gases, as well as tools used to install them. Shepard & Assoc., Lokring Tech., 1:20-cv-02488 (N.D. Its distributors have exclusive territories. Shepard was an exclusive distributor, but the relationship broke down.

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43(B)log

DECEMBER 15, 2023

2023 WL 8634803, No. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. Vericool World LLC v. Igloo Prods. 22-cv-02440-HSG (N.D.

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43(B)log

SEPTEMBER 22, 2023

4th -, 2023 WL 5925977, No. 12, 2023) Discussion of opinion below. Geomatrix, LLC v. NSF International, F.4th 22-1947 (6th Cir. Geomatrix sells a septic system that substantially differs from those sold by its competitors.

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LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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43(B)log

MAY 19, 2023

21-cv-05606-BLF, 2023 WL 3467207 (N.D. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to purchase it again if truthfully labeled. BBW argued that a plaintiff needs to allege a desire to purchase the product as advertised.

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43(B)log

OCTOBER 9, 2023

2023 WL 6381821, No. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. Cap Export, LLC v. Zinus, Inc., 2:21-cv-07148-JWH-MRWx (C.D.

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False Advertising Patent Infringement Patent Advertising 104

43(B)log

JANUARY 11, 2023

2023 WL 139714, No. 9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. AHBP LLC v. SA-22-CV-00096-XR (W.D.

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43(B)log

JANUARY 3, 2024

CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. The false association/coordinate state law claims survived. The false association/coordinate state law claims survived. LoanDepot.com, LLC v.

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43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covered personal/advertising injury included d. The use of another’s advertising idea in your “advertisement”; or g.

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43(B)log

FEBRUARY 16, 2023

2023 WL 1797266, No. 7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. Navatar Group, Inc. DealCloud, Inc., 21-cv-1255 (SHS) (S.D.N.Y.

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43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

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43(B)log

MAY 8, 2023

The Roundtable will be held on Friday, October 6, 2023. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. The Roundtable will cover the travel and lodging expenses for invited authors.

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43(B)log

JUNE 26, 2023

Advanced Enzymes USA, 2023 WL 4105345, No. 21, 2023) WNI and defendants AST/Specialty sell enzyme supplement products. Relevant background: more than 20 years ago, WNI purchased an enzyme blend in bulk from Specialty; it got sued for falsely advertising a product sourced from as containing enteric coated serrapeptase.

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43(B)log

OCTOBER 10, 2023

Cornelia, 2023 WL 6379449, No. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” False advertising: This wasn’t commercial speech because the accused videos weren’t ads. Wealthy, Inc. 2:21-CV-1173 JCM (EJY) (D.

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43(B)log

DECEMBER 7, 2023

2023 WL 8292459, No. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument.

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43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.

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The IP Law Blog

DECEMBER 29, 2023

As we look back, we want to share The Briefing’s most popular episodes in 2023. In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes. Goldsmith The U.S.

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False Advertising Intellectual Property Fair Use Music 62

43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

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LexBlog IP

DECEMBER 29, 2023

As we look back, we want to share The Briefing’s most popular episodes in 2023. In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes. Goldsmith The U.S.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

43(B)log

JULY 3, 2023

2023 WL 4229913, No. 28, 2023) Another models (and one model’s sister) v. appealed partial summary judgment against them on on their claims for false endorsement under section 43(a) of the Lanham Act, and violations of New York Civil Rights Law sections 50 and 51. 22-916 (2d Cir. nightclubs case. Gibson et al. Compare 15 U.S.C.

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False Advertising Advertising Advertising Law 59

43(B)log

NOVEMBER 27, 2023

2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. In re SoClean, Inc.,

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43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. Allen Interchange LLC, 2023 WL 5207389, No. 14, 2023) This is the trademark side of the case.

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