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

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

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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Marketing Marketing False Advertising Advertising 59

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. This wasn’t mostly a two-player market, and the allegedly false statements did not harm the entire market. ImprimisRx, LLC v. 21-cv-01305-BAS-DDL (S.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

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

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

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

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

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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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

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

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

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 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.” The “most important” factor was market effect, and there was none.

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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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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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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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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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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

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

MAY 13, 2023

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?)–LoanStreet Bye, Goff appeared first on Technology & Marketing Law Blog.

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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.

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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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Technology & Marketing Law Blog

JUNE 5, 2023

.” That wasn’t the case here: “Google did nothing to make the content of the advertisement itself more unlawful.” ” The court summarizes: “it is plain that Section 230 protects Google from liability in the negligence and false advertising action brought by Mr. Ynfante.”

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

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Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Mark similarity.

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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

SEPTEMBER 5, 2023

3d -, 2023 WL 4463246, No. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents.

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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

MARCH 20, 2023

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Church even describes LumberKote as “a fine product” that, “like everything” on the market, “is only as good as it’s installed.”

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Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement. 3, 2023) The post Snapchat Defeats Lawsuit Over User-to-User Harassment–Ziencik v. Case Citation : Ziencik v.

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43(B)log

DECEMBER 22, 2023

2023 WL 8811499, No. 20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. You might think that class action rules can be a bit like Calvinball, and I'd be hard pressed to disagree.

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43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 3d at 1177.

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Fair Use False Advertising Social Media Advertising 69

43(B)log

AUGUST 8, 2023

2023 WL 5000434, No. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce Beiersdorf, Inc., 3:22-cv-869 (JBA) (D.

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