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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Copying 94

Copying False Advertising Social Media Advertising 94

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.

False Advertising 69

False Advertising Advertising Advertising Reporting 69

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 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. Purlife Brands, Inc., 2023 WL 3049106, No. Automated Pet Care Prods., 22-cv-04261-VC (N.D.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. Industria De Alimentos Zenu S.A.S. Latinfood U.S. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” Despite Doe v. Case citation : Bride v.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. Hernandez v. Radio Systems Corp.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

JANUARY 2, 2024

3d -, 2023 WL 6318523, No. 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one gummy. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer Corp.,

Branding 59

Branding Brands Branding Marketing 59

43(B)log

JANUARY 11, 2023

2023 WL 137478, No. 9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. For false advertising, the control group respondents were exposed to the same four MiTek stimuli but with the reference numbers removed. Simpson Strong-Tie Co.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

JANUARY 8, 2024

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. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler

Trademark 81

Trademark Advertising Advertising False Advertising 81

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

JANUARY 13, 2023

Ancient Brands, LLC, 2023 WL 157956, No. 11, 2023) The parties compete in the market for collagen peptides supplements. Vital Proteins LLC v. 22 C 02265 (N.D. Did the study referred to in the complaint actually show a decrease in joint pain or stiffness within a single day?

Advertising 102

Advertising Advertising Marketing Marketing 102

43(B)log

FEBRUARY 16, 2023

Whole Foods Market Group, Inc., 22-cv-01240 (ERK) (RML), 2023 WL 1766167 (E.D.N.Y. front of bottle: "Omega-3s EPA & DHA/1000mg Per Serving/From Small Cold-Water Fish/Molecularly Distilled" The court found he failed to state a claim.

Branding 72

Branding Brands Branding Marketing 72

SpicyIP

APRIL 17, 2023

Case: Coolulu Sports Private Limited vs Union Of India on 5 April, 2023 (Karnataka High Court) Image from here The writ petition was filed against the order of the Regional Director, Corporate Affairs directing the petitioner to change its name for being similar to the trademark of the respondent no. 2 (Lulu Mall).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JUNE 20, 2023

4th -, 2023 WL 3911531, No. 9, 2023) The court affirmed the dismissal of consumer protection claims against P&G products that used “Nature Fusion” in bold, capitalized text, with an image of an avocado on a green leaf. McGinity v. Procter & Gamble Company, F.4th 22-15080 (9th Cir.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

43(B)log

FEBRUARY 22, 2024

Old label showing "San Marzano" on top of elongated, pointed tomatoes But now it sells a variety of Roma tomato products under the “San Merican Tomato” or “SMT” brand. The complaint alleges that the text is “so comically miniscule that it is almost impossible to see with the naked eye.” Benefit Corp., 3d 1111, 1129 (N.D.

Designs 69

Designs Design Branding Brands 69

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

JUNE 27, 2023

2023 WL 4162348, No. May 18, 2023) Granting reconsideration, the court reverses its previous ruling and dismisses the claims with prejudice. She has a basic understanding that there is such a thing as global capitalism, in which markets for goods and services operate across borders. La Barbera v. Olé Mexican Foods Inc.,

Marketing 100

Marketing Marketing Advertising Advertising 100

43(B)log

MAY 22, 2023

May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles of Fireball malt beverages, which look almost the same as Fireball Whisky. Sazerac Co., 23-cv-00522-EMC (N.D.

Licensing 59

Licensing Law Branding Brands 59

43(B)log

JULY 20, 2023

4th -, 2023 WL 4377585, No. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But This is probably untrue as a matter of consumer psychology and marketing knowledge, and it also doesn’t seem to me to describe the full range of rebuttable presumptions that exist, either.

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

MARCH 20, 2023

2023 WL 2519857, SCAP-21-0000363, P.3d 15, 2023) The state sued two pharmaceutical companies for violating Hawai‘i’s Unfair or Deceptive Acts or Practices law (UDAP) by misleading the public about the safety and efficacy of their antiplatelet drug, Plavix. State ex rel. Bristol-Myers Squibb Co., 3d - (Hawai’i Mar.

Law 45

Law Advertising Advertising Journalism 45