43(B)log

SEPTEMBER 14, 2021

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.

Advertising 59

Advertising Advertising False Advertising Contracts 59

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. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

SEPTEMBER 16, 2021

The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. It “began a campaign to systematically contact and try to poach business from Homeowners under exclusive contract with [Plaintiff]. The question was whether the alleged misrepresentations were “sufficiently disseminated.”

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

MARCH 6, 2024

The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. But SouthState did have standing for a false advertising claim. Were the Qoins statements made in commercial advertising or promotion?

False Advertising 45

False Advertising Advertising Advertising Business 45

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

SEPTEMBER 1, 2021

3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. LinkedIn Corp.,

Business 59

Business Advertising Advertising Contracts 59

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled. This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL.

False Advertising 59

False Advertising Ownership Advertising Advertising 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.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 26, 2022

Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 29, 2022

The judge recommended rejecting Lanham Act claims because statements made to Amazon only aren’t “commercial advertising or promotion” (the judge at one point wrongly shorthands this as “not commercial speech,” but finishes by correctly focusing on “not commercial advertising or promotion”), but rejecting the rest of the motion to dismiss.

Advertising 45

Advertising Advertising Contracts Patent 45

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). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., collectively.” .…

False Advertising 59

False Advertising Advertising Advertising Business 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

FEBRUARY 8, 2024

These free trials are critical to Sirius XM’s business model, which “relies on converting these millions of vehicle buyers from free trial users into paid subscribers of automatically renewing music plans.” However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At

Music 59

Music Contracts Advertising Advertising 59

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. UCL: The UCL, California Business and Professions Code § 17200 et seq.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 59

Marketing Marketing False Advertising Contracts 59

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

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

JULY 6, 2022

Medline used to distribute certain BD products, with provisions intended to protect BD from “potential usurpation of BD’s business,” including requirements that Medline not substitute competitive products as an alternative to BD products. The parties are involved in related patent litigation.

False Advertising 59

False Advertising Designs Design Advertising 59

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D.

False Advertising 59

False Advertising Advertising Advertising Business 59

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. The Year 2021 was Another Busy Year at the ITC. By comparison, 2020 was a busy year at the ITC with 57 new complaints and 10 complaints for ancillary proceedings.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. The Year 2021 was Another Busy Year at the ITC. By comparison, 2020 was a busy year at the ITC with 57 new complaints and 10 complaints for ancillary proceedings.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Shifting to this business model “dramatically increased its profits while reducing the share of the money raised that is passed on to charities.” The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. They then allegedly “hijacked” plaintiffs’ Facebook page—their main online platform—to promote Tito & Tita, a competing business.

Social Media 72

Social Media Advertising Advertising Business 72

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. Is this legitimate, either under general advertising law, or Amazon policy? Amazon delisted Shenzhen’s products. Nonetheless this is now a patent case.)

Advertising 59

Advertising Advertising Designs Design 59

43(B)log

DECEMBER 7, 2023

The complaint alleged causes of action for UCL fraudulent and unfair business practices; breach of contract; and “unjust enrichment.” National Ready Mix Co., 3d -, 2023 WL 7590798, No. B319260 (Ct. The court of appeals reversed a dismissal of the UCL claims, but affirmed on unjust enrichment.

Contracts 45

Contracts Business False Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. This was unambiguous and literally false, and likely material given its centrality. Not every word on a label or ad is a mark.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

NOVEMBER 8, 2021

Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services. Unjust enrichment: Unlike some treatments of this type of claim, the opinion here dismissed unjust enrichment as duplicative of the breach of contract claim.

Contracts 64

Contracts Government Marketing Marketing 64

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 135

Trademark False Advertising Advertising Advertising 135

43(B)log

OCTOBER 6, 2021

EBPHI sued for (1) defamation, (2) trade libel, (3) commercial disparagement, (4) tortious interference with business expectancy, and (5) deceptive trade practices under the Colorado Consumer Protection Act. Member home inspectors enjoy certain benefits, including being advertised to homebuyers on the associations’ websites.

False Advertising 59

False Advertising Advertising Advertising Licensing 59