43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir.

False Advertising 64

False Advertising Branding Brands Branding 64

43(B)log

MARCH 8, 2024

Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. The products at issue are uniformly branded with the phrase “C + Collagen.”

Branding 59

Branding Brands Branding Advertising 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Schotte alleged a “substantial price premium” of at least 25% more for the Wipes as compared to non-flushable wipes from the same brands. Stop & Shop Supermarket Co.,

Law 59

Law Advertising Advertising Branding 59

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” 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. Valiente v. Simpson Imports, Ltd.,

Designs 69

Designs Design Branding Brands 69

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

Branding 59

Branding Brands Branding Advertising 59

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc.,

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. GOOD Meat, Inc.,

False Advertising 64

False Advertising Advertising Advertising Marketing 64

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Shell Brands International Ag , Blackberry Limited ,, and Dolby International AB orders.

IP 124

IP Copyright Trademark Intellectual Property 124