43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MAY 7, 2024

To bolster the plausibility of her claims, plaintiff alleged that industry practice was to the contrary: Häagen-Dazs Pistachio Ice Cream and Ben and Jerry’s Pistachio Ice Cream both include actual pistachios, as does Thrifty brand ice cream, disparagingly described as “a less premium brand than Cold Stone Creamery.”

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JUNE 19, 2023

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. Same question as above.)

False Advertising 69

False Advertising Advertising Advertising Reporting 69

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Proximity of the products: A factfinder would have to decide the relevance of new v.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 4, 2022

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v. Nobelle GW, LLC, No.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 11, 2023

27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Tortilla Factory’s Kombucha Dog has approximately 1.25% alcohol by volume and is sold as an alcoholic beverage, with a government-required warning label.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 20, 2023

STM’s counterclaims alleged that online marketplaces threaten a manufacturer’s ability to maintain its brand integrity because customers cannot easily distinguish between the authorized and unauthorized sellers of a manufacturer’s products. As usual, a compelling and intuitive theory of harm.)

False Advertising 64

False Advertising Advertising Advertising Trademark 64

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

Above the Fold

JANUARY 31, 2023

Has there been an uptick in lawsuits involving false advertising of inexpensive products? Seems like it, or maybe I’m just paying more attention.

False Advertising 52

False Advertising Advertising Advertising Branding 52

LexBlog IP

JANUARY 31, 2023

Has there been an uptick in lawsuits involving false advertising of inexpensive products? Seems like it, or maybe I’m just paying more attention.

False Advertising 52

False Advertising Advertising Advertising Branding 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 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. Motion to dismiss denied as to trademark infringement, false designation of origin, and unfair competition claims based on the use of Smarty Pear’s hashtags.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 81

Branding Brands Branding Trademark 81

43(B)log

JANUARY 27, 2023

Defendant does business as Spiralverse; it bought lawfully made Steeplechase books and rebound them with spiral binding. (It False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Looking ahead to 2023.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. However, Edible invoked theft law and disavowed consumer confusion.

IP 126

IP Advertising Advertising Trademark Law 126

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.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). PUP, by contrast, was too vague to be factual.) collectively.” .… That was not implausible for purposes of a motion to dismiss.

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Labeled search results. Google cases.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. BONUS: Melwani v.

Trademark 80

Trademark Advertising Advertising Settlement 80

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Young Living continued to advertise the products as being “therapeutic-grade.”

Law 52

Law False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false. UpCodes Inc., 4th - (2d Cir.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. pharmacies.” pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

JULY 15, 2022

Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.” I note that strong evidence suggests that the answer is “yes.”] Was this commercial speech?

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

Law 59

Law False Advertising Social Media Branding 59

Indiana Intellectual Property Law

MARCH 17, 2023

Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market. The Plaintiff alleges that the Defendants have engages in false marketing practices that have caused confusion among customers and damaged the reputation of the Plaintiff’s brand.

Business 52

Business Marketing Marketing Branding 52

43(B)log

JUNE 21, 2023

5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” As such, the ESG Report promotes Defendant’s products and its brand more generally.”

Law 72

Law Social Media Reporting Business 72

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

AUGUST 10, 2021

Shenzen also brought claims under Texas law for unfair competition, tortious interference with existing business relationships, fraud, and business disparagement. Using our products description, our pictures that we have taken of our own products even our brand to falsely exploit our reputation, in order to make quick sales.

Advertising 59

Advertising Advertising Designs Design 59

43(B)log

SEPTEMBER 7, 2021

and [the] Coach” brand. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products. Viewed in the light most favorable to plaintiffs, that sufficed for now, though Coach would “ultimately bear a heavy burden to prove this claim by clear and convincing evidence.”

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

SEPTEMBER 2, 2022

Readers who are wondering about the legality of buying reviews may recall that earlier this year the FTC published related business guidance , and buying fake reviews was highlighted as a big “no.” We will be watching this case closely as it proceeds in litigation. But we leave with two closing thoughts.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

OCTOBER 7, 2021

Also, their advertising omitted the lack of clearance, which allegedly meant that consumers “will be confused or misled into purchasing Defendants’ TENS units believing them to be equivalent to the Hempvana Rocket.” Telebrands also showed irreparable harm in lost sales and “dilution” of the Hempvana brand.

Advertising 59

Advertising Advertising Branding Brands 59