43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

Advertising 52

Advertising Advertising False Advertising Litigation 52

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

OCTOBER 29, 2021

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. Materials revealed in discovery can support a finding of good cause. “At

False Advertising 59

False Advertising Advertising Advertising Designs 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

OCTOBER 4, 2021

When LStar was founded, its lawyer (defendant Vining) allegedly implemented a scheme to take advantage of the founder, Corkum, persuading him to issue Vining twenty percent of plaintiff’s stock and appoint him as the vice-present, secretary, treasurer, and director. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

SEPTEMBER 28, 2021

Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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

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. Second, the Court recognized that punitive damages are not recoverable under the Lanham Act.

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

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The district court didn’t abuse its discretion in finding these present. 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

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 website links that presented Plaintiffs’ trademarks as identical phrases (e.g. Baxter; 996 F.3d 3d 925 (8 th Cir. How much of this is even relevant for determining whether IIC exists?

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

DECEMBER 15, 2023

While the statements may be presented in a small font, possible purchasers could still see them on Defendants’ website and order forms.” Injury: Injury too could not be presumed despite the fact that the parties were direct competitors; this wasn’t false comparative advertising. Even on sterile manufacturing?!?)

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

MARCH 14, 2023

Its principal, Patton, allegedly promoted the business “by creating a fictionalized crisis between [FedEx] and its ISPs and TSPs as an advertisement for the purported need for Route Consultant’s consultancy and other services.” Was this “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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. ” Id. The Court granted Defendant’s motion for two reasons.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

NOVEMBER 9, 2023

The court first found that the Lanham Act claim was grounded in fraud and had to satisfy Rule 9(b).

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

MAY 19, 2023

Even if the formulation or advertising changes, “as long as Defendants may use inaccurate representations about the capabilities of their hyaluronic acid products, then when presented with Defendants’ advertising, Ms. BBW argued that a plaintiff needs to allege a desire to purchase the product as advertised.

False Advertising 59

False Advertising Advertising Advertising 59

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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

False Advertising 83

False Advertising Copying Advertising Advertising 83

43(B)log

OCTOBER 10, 2023

Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement. False advertising: This wasn’t commercial speech because the accused videos weren’t ads.

Advertising 64

Advertising Advertising False Advertising Social Media 64

IP Law 360

SEPTEMBER 23, 2022

to present survey information during closing arguments in a trial over Monster Energy Co.'s s allegations that Vital engaged in false advertising, saying that while his pretrial ruling on the issue could have been clearer, the information is still inadmissible.

False Advertising 40

False Advertising Advertising Advertising 40

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.”

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.)

False Advertising 64

False Advertising Marketing Marketing Advertising 64

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 80

Advertising Advertising False Advertising Marketing 80

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. And, they continued, SoClean was illegally marketing its devices. Roussel Corp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

MARCH 29, 2024

2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) He would further opine that “there is a significant and substantial body of scientific evidence to support the representations in the Challenged Advertisements.” I’m not clear how a reasonable jury could find otherwise.)

False Advertising 104

False Advertising Advertising Advertising Reporting 104

43(B)log

JANUARY 3, 2024

The court grants partial summary judgment on trademark claims but reserves some, and a false advertising claim, for trial. However, there was a factual dispute over the extent to which Peninsula’s use of sales drawings constituted advertising.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.

False Advertising 71

False Advertising Advertising Advertising Government 71

43(B)log

AUGUST 7, 2023

3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to preclude him from opining on the ultimate question of likely confusion or balancing the trademark infringement factors, which was for the jury. GOLO, LLC v. 20-667-RGA (D.

False Advertising 91

False Advertising Advertising Advertising Law 91

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

SEPTEMBER 13, 2022

12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? DBA Godiva Chocolatier, Inc. Endurance Am. N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del.

False Advertising 59

False Advertising Settlement Advertising Advertising 59

43(B)log

APRIL 20, 2023

The court commented that other realtors could have standing: To be sure, it is not difficult to imagine a potential commercial injury to realtors arising from Acuity’s allegedly false advertising. But that wasn’t the case presented. sales” that falls within the Act’s zone of interests.

False Advertising 72

False Advertising Advertising Advertising Business 72

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So plaintiff is apparently entitled to disgorgement without ever having shown that it was damaged by the false advertising.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. LoanStreet v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.”

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59