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


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


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.,

Serious Comparative Advertising: Broadening the Definition


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.

two Zillow false advertising cases, divergent outcomes


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?

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™.

ordinary recalls aren't commercial advertising or promotion


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.

Robinhood's newsletter isn't commercial advertising


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

Survey flaws prevent it from saving vanilla false advertising claim


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

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


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

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


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

false advertising as a workaround when municipal codes are copied?


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

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


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.

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


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.

individualized smear campaign wasn't plausibly commercial advertising or promotion


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


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.

aiding and abetting liability in false advertising cases


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.

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


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.,

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


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.

Lexmark allows direct and contributory false advertising claims against certifier


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

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.

Pandemic ski resort closures allow both contract and advertising claims


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.

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


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.

An Antitrust Framework for False Advertising, out now


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.

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.

TM claimant may add false advertising claims as direct competitor


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


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.,

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.

TM infringement and false advertising claims related to putative open source software "fork" succeed


Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). false advertising trademarkNeo4j, Inc.

Second Circuit: Trademark Agreements Restricting Keyword Advertising Are Not Anti-Competitive

JD Supra Law

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising. In a recent decision, the U.S.

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.

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

Contract remedies again prove broader than false advertising for pandemic-related suits


contracts false advertisingIn re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), F.Supp.3d -, 2021 WL 790638 (S.D.N.Y. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the pandemic.

handful of bad Amazon reviews make Energizer's false advertising claims plausible


16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.” In seven consumer reviews quoted in the complaint, the reviewers report that batteries sold by the relevant account did not work or were not as advertised.

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?

false advertising claim fails, in part because of stringent antitrust rules


17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. As Mike Carrier and I have explained , this test was just made up without reference to the purposes either of false advertising law or the effects of false advertising on competition, but here we are.

MLM on MLM action: tortious interference, trade secret, but not false advertising


The claims are mostly the kind of trade secret/tortious interference claims you’d expect from this setup, and I won’t say much about them, but there is also a false advertising claim about alleged misrepresentations of distributors’ income with Melaleuca. False advertising under the Lanham Act: Failed because It Works didn’t plead that distributors were “consumers” under the Lanham Act. false advertisingIt Works Marketing, Inc. Melaleuca, Inc., 2021 WL 1650266, No.

TM complainant fails to sink its teeth into unrelated false advertising claims


Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks. Similarly, VFB alleged that a real “margarita” is made with tequila and, therefore, the absence of tequila from MPL’s Margarita Cocktail constituted false advertising.

Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim


Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” false advertising remediesCampfield v.

UK Regulators Show Unjustified Green Claims in Advertising the Red Light

IP Tech Blog

Further, the CMA prohibits claims that omit or hide important information, and requires advertisers to consider the whole life cycle of their products and services when making environmental claims. “Green”, “organic”, “eco-friendly”, “recyclable”, “natural”.

Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”


I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Arochi: Again, Mexico has nothing specific to online shopping, just consumer protection and COFEPRIS (Mexican FDA), which does regulate advertising. advertising false advertising privacy

even admissions and severe financial distress don't justify TRO/asset freeze in false advertising case


SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. Plus, Lanham Act trademark infringement/counterfeiting cases about asset freezes didn’t show that similar relief was appropriate in a Lanham Act false advertising case. (I I really don’t understand why courts make the TM/false advertising distinction when they do as opposed to ignoring it when they don’t.) false advertising remediesSI03, Inc. Musclegen Research, Inc.,

IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity


I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. false advertising trademark