43(B)log

MARCH 9, 2022

His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. Melwani alleged that Amazon’s Brand Registry has not offered proactive brand protection and that it has been “almost impossible” to remove any listing through Amazon’s Brand Registry.

False Advertising 69

False Advertising Advertising Advertising Branding 69

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. False advertising: Article III standing existed, but not Lanham Act standing. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

SEPTEMBER 9, 2021

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. Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

Editing 119

Editing Advertising Advertising Marketing 119

IP Watchdog

FEBRUARY 14, 2024

Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP Law 360

APRIL 3, 2024

Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.

False Advertising 40

False Advertising Advertising Advertising Patent 40

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Rather, they would have chosen cheaper alternatives.

Branding 52

Branding Brands Branding False Advertising 52

LexBlog IP

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising.

Branding 52

Branding Brands Branding False Advertising 52

43(B)log

MARCH 29, 2024

As for the implied FDA endorsement: (1) A coupon affixed to certain GSG containers described it as “the first and only formula brand made from 100% whey protein partially hydrolyzed, and that meets the criteria for a FDA Qualified Health Claim for atopic dermatitis.” I’m not clear how a reasonable jury could find otherwise.)

False Advertising 104

False Advertising Advertising Advertising Reporting 104

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

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 secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

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

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

IP Law 360

JANUARY 24, 2023

A Massachusetts federal judge on Tuesday trimmed two false advertising claims and one unfair competition claim from a suit alleging that online furniture retailer Wayfair is deliberately infringing patents covering furniture from Williams-Sonoma brand West Elm.

False Advertising 40

False Advertising Advertising Advertising Patent 40

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. ” (Spoiler: he doesn’t get $1B). ” Cites to Tiffany v.

Trademark 90

Trademark False Advertising Advertising Advertising 90

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

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

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

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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

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 27, 2023

9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. Further, “brand names by themselves can be misleading in the context of the product being marketed.”

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers?

Branding 59

Branding Brands Branding False Advertising 59

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 77

Trademark Advertising Advertising False Advertising 77

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

43(B)log

AUGUST 20, 2021

People in the industry use subscription pharmaceutical drug information databases to fulfill prescriptions and determine whether generic substitutes are available for brand named products. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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