"advertising injury" insurance exclusion doesn't exclude false advertising claims

43(B)log

28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate. Luxottica, Inc.

Keyword Advertising and Trademarks

Selvam & Selvam Blog

In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. Google AdWords, Google’s flagship program that facilitates keyword advertising is no stranger to legal controversies.

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Disgorgement in a noncomparative false advertising case: doctrinal drift?

43(B)log

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. damages false advertising remediesWatkins Inc. McCormick & Co., 2021 WL 5810487, NO. 15-2688(DSD/BRT) (D.

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements.

UK Regulator Issues New Guidance on In-Game Advertising

IP Tech Blog

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising.

Serious Comparative Advertising: Broadening the Definition

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap.

The target keeps moving on keyword advertising

Likelihood of Confusion

Searchengineland: Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no. The post The target keeps moving on keyword advertising appeared first on LIKELIHOOD OF CONFUSION™.

falsely advertising "proprietary" and "exclusive" material isn't actionable under Dastar

43(B)log

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” dastar false advertisingCrocs, Inc. Effervescent, Inc.,

two Zillow false advertising cases, divergent outcomes

43(B)log

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion?

Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

NAD Finds Emojis Communicate Clear Messages in Advertising - Kattison Avenue/Katten Kattwalk | Issue 1

JD Supra Law

In a pair of recent decisions, the National Advertising Division (NAD) of BBB National Programs examined the use of emojis in advertising and found in at least one case that emojis can make expressly disparaging statements.

Thousands of Pirate Sites are Listed on WIPO’s Advertising Blacklist

TorrentFreak

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. Opinion Articles Advertising site blocking WIPO

False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. antitrust false advertising privacyKlein v. Facebook, Inc., 2022 WL 141561, No. 20-CV-08570-LHK (N.D.

ordinary recalls aren't commercial advertising or promotion

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Lanham Act claim: The recall was not “commercial advertising or promotion.” There was no dispute in that case about whether the notice was commercial advertising or promotion. But more important, the recall here “clearly did not constitute commercial advertising or promotion of CRF’s product but instead recalled it. false advertisingPictsweet Co. Offutt Farms Co., 2021 WL 4034222, No. 3:19-cv-00722 (M.D. Sept.

false advertising as a workaround when municipal codes are copied?

43(B)log

false advertisingInternational Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

Robinhood's newsletter isn't commercial advertising

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Jackson v. Robinhood Markets, Inc., 2021 WL 2435307, No. 21-cv-02304-LB (N.D.

legal memo to existing customers wasn't "commercial advertising or promotion"

43(B)log

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas. false advertising

aiding and abetting liability in false advertising cases

43(B)log

And it is very plausible that providing assistance with advertising campaigns for clients would necessitate knowledge of the content of the advertisements and the nature of the campaign.” california false advertising secondary liabilityBonus: Civil RICO claims survive! Sihler v.

emails to 12 customers weren't commercial advertising or promotion

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Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on false advertising and caused Kissler to suffer irreparable harm, including loss of business opportunities and harm to its reputation. false advertisingElias Indus.,

individualized smear campaign wasn't plausibly commercial advertising or promotion

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The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. false advertisingMeredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon.

LinkedIn posts weren't commercial advertising or promotion for pediatric orthopedics

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I’m only going to discuss the false advertising aspects. Lanham Act claim: Were these alleged statements commercial advertising or promotion? Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. false advertisingOrthopediatrics Corp.

Survey flaws prevent it from saving vanilla false advertising claim

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consumer protection false advertising surveysClark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D.

tortious interference claim from false advertising survives, but why bother?

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AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick. false advertising tortious interferenceLogistick, Inc. AB Airbags, Inc.,

An Antitrust Framework for False Advertising, out now

43(B)log

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition.

Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it.

Lexmark allows direct and contributory false advertising claims against certifier

43(B)log

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. As for the contributory false advertising claim, it too was well pled. false advertising secondary liability

acrimony among right-wing pundits isn't commercial advertising or promotion

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This was not commercial advertising or promotion, but rather “expressions of opinions as commentary during a radio show.” (Is Is failure of the defendant to engage in commercial advertising or promotion really the same thing as failure of the plaintiff to allege that it falls within the statute’s zone of interests? false advertisingCorsi v. InfoWars, LLC, 2021 WL 2115272, No. A-20-CV-298-LY (W.D. May 25, 2021) (R&R) This is a defamation case with a Lanham Act chunk.

Pandemic ski resort closures allow both contract and advertising claims

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consumer protection contracts false advertisingGoodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims.

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices.

False advertising is distinct from violation of antidumping rules; FTC/AGs needed

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To borrow a metaphor that could have been written for this case, the producer’s advertising in the United States is a “complete fraud from bark to core.” false advertisingDalian Meisen Woodworking Co v. United States, 2021 WL 5371406, No. 20-00109 (Ct. Int’l Trade Nov.

Court rejects "buy button" false advertising claim because consumer hasn't yet lost access to "purchased" content

43(B)log

That’s kind of the point of false advertising law generally, and certainly the “Made in the USA” cases make clear that deviation from what you were promised as part of the bargain is a potential cause of economic loss. california consumer protection false advertisingCaudel v.

ICYMI: Maryland’s Digital Advertising Tax

Above the Fold

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law, titled Digital Advertising Gross Revenues Tax, is designed to tax annual gross revenues derived from “digital advertising services” (meaning advertisements on a digital interface like a website or app) in the state.

Even in a small market, a few varied phone calls aren't commercial advertising or promotion

43(B)log

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. false advertisingMeredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D.

The Children's Advertising Review Unit Modernizes its Guidelines for Responsible Advertising - Kattison Avenue Fall 2021 | Issue 7

JD Supra Law

This summer, the Children’s Advertising Review Unit (CARU) issued new guidelines that, for the first time, cover in-app advertising, influencer marketing, and discrimination.

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & others: Advertising regulatory code under constitutional scrutiny

The IPKat

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws.

counting chickens: should disgorgement be harder for false advertising than for TM?

43(B)log

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. false advertising remedies

facially plausible false advertising claim can be added to TM complaint

43(B)log

Here, the court granted leave to amend to add a false advertising claim. They allegedly advertise their products using the term “copper” in close proximity to the term “fit” “and have deliberately caused searches for Copper Fit products to yield results for Defendants’ products” [the horror!].

FB's "Russian state-controlled media" label wasn't commercial advertising or promotion

43(B)log

May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the differences in pleading standards applied to trademark and false advertising claims.

What is an Advertisement? The National Advertising Division Weighs In.

Above the Fold

Every day we are inundated with countless advertisements. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”. But what does information regarding how often a test may be cancelled have to do with advertising?

Website Advertisements and Copyright Fair Use

IP Intelligence

But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. Copyright copyright Copyright Fair Use Website Advertisements

over dissent, 9th Cir. denies injury presumption to false advertising claimant

43(B)log

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). So does false advertising have an injury requirement or not?] Quidel Corp.

TM claimant may add false advertising claims as direct competitor

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Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition. And Entrepreneur alleged that “but for” defendants’ false advertising, consumers would not have been misled and diverted away from Entrepreneur.

Dastar doesn't bar allegedly false advertising about source of planned development services

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False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” dastar false advertising trademarkLStar Development Gp.,