Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

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Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

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43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. All Simpson’s connectors, catalogs, marketing literature, and retail display materials, are clearly labeled with the “Simpson Strong-Tie” name. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

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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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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

SEPTEMBER 22, 2023

4th -, 2023 WL 5925977, No. 12, 2023) Discussion of opinion below. Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions.” Geomatrix, LLC v.

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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. of unauthorized, gray market parts within [Toyota USA’s] PMA [Primary Market Area], or anywhere, is.

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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

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. 2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. And, they continued, SoClean was illegally marketing its devices. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., 22-542 (W.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

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

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

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. The “touchstone” is “that the contested representations are part of an organized campaign to penetrate the relevant market. Navatar Group, Inc.

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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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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

AUGUST 7, 2023

2023 WL 4947974, No. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The 2012 PETA press release comes closer, but it commends Paul Mitchell for choosing to “pull out of the Chinese market entirely than hurt even one animal.”

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Technology & Marketing Law Blog

MARCH 6, 2023

The false advertising claim fails because Lops didn’t show that the videos “are commercial speech and made for the purpose of influencing consumers to buy YouTube’s goods or services.” YouTube, LLC, 2023 WL 2349597 (D. March 3, 2023). ” Lops also had an unsuccessful lawsuit against Facebook.

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Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

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43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

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Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. 2023 WL 3340214 (W.D. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)

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43(B)log

JUNE 19, 2023

Red Points Solutions SL, 2023 WL 4029824, No. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. Lanham Act false advertising: Unlimited sufficiently pled standing.

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Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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43(B)log

OCTOBER 11, 2023

CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. Tortilla Factory simply couldn’t show the requisite harm.

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43(B)log

APRIL 20, 2023

2023) Acuity operates a website that connects people looking to buy or sell homes with a local real-estate agent in their area. Lewis didn’t allege that his payment of this referral fee injured his status in the realtor market in any way. Acuity Real Estate Services, LLC, 63 F.4th 4th 1114 (6 th Cir.

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Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. Google LLC , 2023 U.S. Case citation : Ynfante v.

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43(B)log

OCTOBER 9, 2023

Stoma Ventures, LLC, 2023 WL 6389071, No. 2, 2023) The parties compete in the market for amalgam capture devices, which remove fillings (or pieces thereof) from dental office wastewater. Dental Recycling North America, Inc. 4:23 CV 670 CDP (E.D. This is required by the EPA because fillings can contain toxic mercury.

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43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). Case citation : Jim S.

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43(B)log

SEPTEMBER 6, 2023

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc. 2:22-cv-00291-TS-JCB (D.

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Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 2023 WL 9051998 (E.D. Peninsula Components, Inc.

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43(B)log

FEBRUARY 17, 2023

Salinas, 2023 WL 2026546, No. 15, 2023) Defendants allegedly sold non-rescue dogs as rescue dogs. Lanham Act false advertising: Gonzalez lacked statutory standing. The trier of fact would have to resolve this; there was no dispute that the cage cards were in advertising format and about the puppies for sale. “To

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43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. But the third statement was literally false. Industria De Alimentos Zenu S.A.S. Latinfood U.S.

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43(B)log

JULY 19, 2023

4th -, 2023 WL 4504183, No. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts.

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43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. It’s used on every package and in advertising.

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43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

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43(B)log

OCTOBER 10, 2023

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law.

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43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions.

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