43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” 2023); but see Princeton Express v. Houston, Inc., 4th 274 (5th Cir.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. USA, LLC v. Malwarebytes, Inc., 21-16466 (9th Cir. Enigma alleged that its software products “(i) detect and remove malicious software (i.e., USA, LLC v.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 7, 2023

3d -, 2023 WL 7590798, No. The complaint alleged causes of action for UCL fraudulent and unfair business practices; breach of contract; and “unjust enrichment.” Sepanossian v. National Ready Mix Co., B319260 (Ct. The court of appeals reversed a dismissal of the UCL claims, but affirmed on unjust enrichment.

Contracts 45

Contracts Business False Advertising Advertising 45

43(B)log

MAY 3, 2023

Young Living Essential Oils, LC, 2023 WL 3185045, No. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” MacNaughton v. 22-0344, -- F.4th 4th -- (2d Cir.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JULY 14, 2023

2023 WL 2712390, F.Supp.3d 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Progressive Northern Ins. 1:22-cv-00490-KWR-JFR (D.N.M. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM coverages on all vehicles insured under a policy.

Contracts 52

Contracts False Advertising Advertising Advertising 52

43(B)log

MARCH 14, 2023

2023 WL 2466624, No. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) to pick up and deliver packages. As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. FedEx Ground Package System, Inc.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Also, ads can't support a breach of contract claim. Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

SEPTEMBER 11, 2023

25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers and sandwiches. Breach of contract: Burger King argued that its ads weren’t binding offers. Burger King Corp.,

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

MAY 2, 2023

3d -, 2023 WL 3142311, No. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. These communications were more than “purely negotiation of individual contracts, but rather encompass a variety of media through which Brookfield represented information about HPP.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 23, 2023

Apple, Inc, 2023 WL 2585888, No. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital content. 21-CV-1133-LJV (W.D.N.Y.

Licensing 72

Licensing Advertising Advertising Ownership 72

43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

Marketing 59

Marketing Marketing False Advertising Advertising 59

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 27, 2023

3:23-CV-863-NJR, 2023 WL 8108547 (S.D. 17, 2023) “This case pits real lawyers against a robot lawyer.” MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. MillerKing, LLC v.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

43(B)log

MARCH 20, 2023

Amazon.com, 2023 WL 2538706, No. 16, 2023) Plaintiffs alleged they bought and used Solimo, a melatonin supplement manufactured and sold by Amazon. Plaintiffs alleged that Solimo falsely substantially understates Solimo’s true melatonin dosage in each serving, exceeding what would be a “reasonable excess” allowed by the FDA.

Law 83

Law Advertising Advertising Contracts 83