43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. The Court granted Defendant’s motion for two reasons.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

JANUARY 19, 2022

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. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 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. Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

Editing 119

Editing Advertising Advertising Marketing 119

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JUNE 30, 2022

28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising. C19-0301RAJ (W.D.

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. None of the clicks led to sales.

Advertising 102

Advertising Advertising False Advertising Trademark 102

43(B)log

NOVEMBER 27, 2023

Design Gaps brought trade secret, tortious interference, and state and federal false advertising/false designation of origin claims against defendants. And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”

Copying 59

Copying False Advertising Designs Design 59

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

JULY 19, 2023

13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. Concordia’s labels.

Copying 40

Copying False Advertising Advertising Advertising 40

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising claims. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese registered copyrights for his photos in 2019.

Copying 64

Copying False Advertising Social Media Advertising 64

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

43(B)log

APRIL 29, 2024

In brief: Meishe argued that Tiktok copied its code via an employee who departed. False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc., 2024 WL 1772833, No.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

JUNE 22, 2022

22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, OK, I’m not a big false endorsement fan, but … isn’t this false endorsement? Securranty, Inc.,

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Thus, Outlaw showed likely success on the merits of this claim.

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

OCTOBER 1, 2021

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. Sending the complaint to twelve customers wasn’t “commercial advertising or promotion.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

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.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. The answer depends on industry practice.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

OCTOBER 12, 2022

The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? It’s desirable for making it easier to turn pages for performance etc.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

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

43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. 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 59

False Advertising Advertising Advertising Copyright Infringement 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

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

JANUARY 26, 2024

Besides the sticker promos, the plaintiffs also ran into several advertisements on Facebook and even flyers in physical stores throughout Atlanta. Flyers As shown above, these flyers advertised the IPTV streaming service as an “Authorized Retailer” for Dish and Sling, which people could “WATCH FOR $7/mo.”

Cease and Desist 89

Cease and Desist False Advertising Advertising Advertising 89

IPilogue

DECEMBER 15, 2022

The artists also mimicked Vogue’s promotional activities by distributing copies of the fake magazine in North America’s largest metropolitan areas, including New York, Los Angeles, Atlanta, Miami, Houston, and Toronto, and plastering posters of the counterfeit cover along streets and buildings in these cities.

Social Media 105

Social Media False Advertising Copying Trademark 105

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

FEBRUARY 24, 2021

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. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

MARCH 10, 2023

An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

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). ICC also publishes “Custom Codes” that integrate these amendments into its codes; it sells physical and electronic copies of both kinds of codes. UpCodes Inc.,

False Advertising 59

False Advertising Law Advertising Advertising 59