43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False Advertising 59

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

SEPTEMBER 3, 2021

29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, Lanham Act false advertising, and RICO violations. It didn’t like having some of its content on its FB page labeled “false,” out of date, or unreliable.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

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. 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

SEPTEMBER 26, 2022

Demetres challenged Zillow’s use of Advertising Agents (real estate agents) and “Zestimates.” Falsity: First, Zestimates weren’t plausibly alleged to be literally or impliedly false. The court thought that this wasn’t material, but conflated false advertising and false association (which was plausibly alleged).

Government 59

Government Law Advertising Advertising 59

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. Nepute, 2023 WL 4623089 , No.

Government 52

Government Advertising Advertising Social Media 52

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. State law governs how and when pharmacists and health care professionals can and must make generic substitutions.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 22, 2023

As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even false advertising as a category. The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”

False Advertising 59

False Advertising Advertising Advertising Settlement 59

43(B)log

SEPTEMBER 5, 2023

Defendant SBC sent a ninety-page document titled “Design Manual” to at least six prospective clients, including the statement: “These patented methods have now been tested and qualified for use on projects in accordance with governing building codes (AISC 341).” It claimed a “[p]roduce capacity of over 5000 BRBs per year.” This was ambiguous.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

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. Azurity sells a hydrochloride vancomycin drug that received FDA pre-market approval.

False Advertising 59

False Advertising Law Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Greenberg v.

Trademark 80

Trademark Advertising Advertising Settlement 80

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. Harris: Canada is similar; no specific green marketing laws, just Competition Act/provincial statutes.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Breach of Warranty The warranty statutes “govern the sale of ‘goods.’ ” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement. LEXIS 19766 (C.D.

False Advertising 93

False Advertising Litigation Law Advertising 93

43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

Advertising 59

Advertising Advertising False Advertising Government 59

IP and Legal Filings

SEPTEMBER 14, 2023

Apart from the growing interest of the consumers towards environmentally conscious purchases, various governments all over the world are offering incentives to companies that promote the ideology through their products and services to prioritize environmental protection.

Branding 78

Branding Brands Branding Trademark 78

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

NOVEMBER 13, 2023

Martelly allegedly “promoted, marketed, advertised and sold” the Fees to the public as necessary “to finance free education for impoverished children,” knowing that wasn’t true: a program to fund free education in Haiti allegedly does not exist. State law deceptive advertising claims were based on the following statements: 1.

Advertising 59

Advertising Advertising Government Law 59

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. What’s Regulated?

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. Gerber Prods. 2023 WL 122910, No. 21-cv-09940-JSW (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

SEPTEMBER 14, 2022

Also last year, in discussing Environmental, Social, and Governance factors (ESG), then-Acting Chair of the U.S. Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. The DoCA had illustrated 10 practices as dark patterns.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 87

Blogging False Advertising Litigation Marketing 87

43(B)log

FEBRUARY 7, 2022

Those same labels often conspicuously say “dietary supplement,” “fluoride supplement,” and include a “Supplement Facts” panel, but Method alleged that nevertheless, the market considers H-2’s products to be prescription drugs and treats them accordingly. H-2 also argued that the entire context of the label wasn’t false or misleading.

False Advertising 56

False Advertising Marketing Marketing Advertising 56

SpicyIP

MARCH 10, 2024

During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct. The Defendants’ inconsistent representation and sporadic appearance in court indicated a disregard for legal obligations.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

AUGUST 25, 2021

It warned that uncleared products marketed for “assessment, diagnosis, or management of a head injury, including concussion” violate the law. Courts do not recognize implied government approval claims in the absence of explicit claims. But these were “exactly the type of claims that are non-actionable under the Lanham Act.”

False Advertising 59

False Advertising Advertising Advertising Government 59

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 117

Blogging Law Contracts Cease and Desist 117

43(B)log

SEPTEMBER 1, 2021

Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.

Advertising 59

Advertising Advertising Litigation Designs 59

43(B)log

SEPTEMBER 10, 2021

29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly labels and advertises its products as having “no preservatives” as well as being “free of artificial additives,” “non-GMO,” “healthy,” and “protein-packed.”

Marketing 45

Marketing Marketing Advertising Advertising 45

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. No reasonable consumer would be misled into believing that, in the event of a global pandemic and under government shutdown orders, TCDM would remain open to deliver in-person instruction to students.”

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Health-Ade LLC, F.Supp.3d 3d -, 2022 WL 562827, No.

Marketing 59

Marketing Marketing Law Branding 59

43(B)log

JULY 15, 2022

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” The First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

AUGUST 31, 2021

Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” In 2018, the federal government forced Copper Cane to alter the labels after determining that they were misleading. with “Purely Elouan, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. appeared first on Technology & Marketing Law Blog. The district court disagreed.

False Advertising 82

False Advertising Government Privacy Designs 82

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh. For example, in the McNeil v.

False Advertising 72

False Advertising Advertising Advertising Designs 72