43(B)log

SEPTEMBER 13, 2021

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? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 12, 2021

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). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Alfasigma broke the link to the letter when ExeGi informed it of that fact. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC.

False Advertising 83

False Advertising Copying Advertising Advertising 83

43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.

False Advertising 75

False Advertising Trademark Advertising Advertising 75

43(B)log

SEPTEMBER 16, 2021

PureThink is a software and information technology consulting company that specializes in supporting agencies within the U.S. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Eventually, they released Neo4j EE version 3.5 under a commercial license only.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? Crawlspace Ninja “sells and distributes a variety of products designed to waterproof crawl spaces and remediate mold,” including Anabec x70, “a moisture barrier product designed for application to unfinished building surfaces.”

False Advertising 60

False Advertising Advertising Advertising Marketing 60

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

APRIL 29, 2024

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. 2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.”

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

FEBRUARY 3, 2024

Dickson’s suggestions for “medical services in the nature of providing abortions,” “consultation services in the field of sexual health and wellness,” and “providing health information related to contraception” were all refused as already covered by broader categories. Nelson was second design director of Herman Miller Co.

Designs 59

Designs Design Law Design Patent 59

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? The court first held that the challenged statement on its own wasn’t pure commercial speech because it “merely purports to convey information about NR and NR supplements” and didn’t refer to ChromaDex or its product; the link was not to a site that itself allowed purchases.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

Advertising 40

Advertising Advertising False Advertising Social Media 40

43(B)log

AUGUST 25, 2021

Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” Although Alfasigma’s products were historically designated as F, First Databank reclassified them as O. NutriSearch Corp., 3d 1107 (9th Cir.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” Customers inform Qoins of their outstanding debts that they wish to pay and transfer money to Qoins “on a regular basis to satisfy such debts over time.”

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

MAY 8, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

Trademark 72

Trademark False Advertising Advertising Advertising 72

43(B)log

MARCH 22, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

Trademark 78

Trademark False Advertising Advertising Advertising 78

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

JUNE 5, 2023

“After Mr. Ynfante divulged his account information to the scam helpline, the scammers made purchases on behalf of Mr. Ynfante and gained access to sensitive personal information such as his home address and Social Security number.” ” The ad came from a third-party. .”

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

JANUARY 3, 2024

28, 2023) Penn Engineering designs and manufactures various types of fasteners sold under various trademarks, and alleged that Peninsula sold identical fasteners while infringing on Penn Engineering’s marks. The court grants partial summary judgment on trademark claims but reserves some, and a false advertising claim, for trial.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

MAY 7, 2024

Perhaps, after all, some respondents expected to find “chunks of red and green mint candy,” the advertised feature of Hershey’s Premium Peppermint Stick ice cream …. Thus, the false advertising consumer protection claim was plausible as to pistachio, not as to the other flavors.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

DECEMBER 7, 2021

Defendants allegedly informed clients and prospective clients; residents, owners, and renters at the Four Ambassador building; and Four Ambassadors’ agents, employees, and vendors that De Cortes was stealing their clients and violating restrictive covenants. claims, the Lanham Act claim did.

Advertising 59

Advertising Advertising Confidentiality Business 59

43(B)log

FEBRUARY 17, 2023

Gonzalez testified that an employee of Town Puppies told her that Charlie was a rescue, and the information displayed on Charlie’s cage (known as a “cage card”) stated that he was from “Pet Connect Rescue.” Lanham Act false advertising: Gonzalez lacked statutory standing. is a 501(c)3 non-profit organization.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Each product name has a “part name” (a letter or combination of letters designating the product line) and a “model number” (additional numbers and letters that distinguish parts with different attributes).

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

APRIL 25, 2023

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. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo. Automated Pet Care Prods.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

43(B)log

SEPTEMBER 7, 2021

Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? Of the new list of defendants who are sought to be impleaded, it was informed that channels of the defendant no. Rochem Separation Systems (India) Pvt.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” Natera’s brochure for consumers didn’t include any information about PPV rates, and the website listed only the PPV for Down syndrome.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 59

Advertising Advertising False Advertising Public Use 59