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

FEBRUARY 9, 2022

She publishes photos of her products on eBay, and has registered some copyrights in the photos. In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. Sports Mall operates its own website. Query: are there actual damages?

False Advertising 59

False Advertising Advertising Advertising Copyright 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

NOVEMBER 9, 2023

It was not enough to allege conclusorily that “defendants have copied portions of this Book and have used and published copies of portions of this book including copying and using treatment documents with clients.”

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

AUGUST 11, 2021

ICC publishes revised I-Codes every three years, and it also publishes custom codes that reflect versions of the codes as adopted by states and local governments (the “Custom Codes”). UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. The court granted UpCodes’ motion for summary judgment. That’s costly.

False Advertising 83

False Advertising Copying Advertising Advertising 83

43(B)log

SEPTEMBER 22, 2023

Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

OCTOBER 10, 2023

29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Cornelia also has a YouTube channel with approximately 150,000 subscribers, publishing videos on investing, business, and fitness that have received over 13.8 Wealthy, Inc. million views.

Advertising 64

Advertising Advertising False Advertising Social Media 64

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. 2022 WL 18399950, No.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

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

AUGUST 5, 2022

published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! However, Crocs published the press release on its website and had the press release published to 440,000 websites, newsrooms, and direct feeds using PRNewswire. Crocs, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

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

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.” A review of medical literature is generally reliable methodology.

False Advertising 104

False Advertising Advertising Advertising Reporting 104

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. ” (Spoiler: he doesn’t get $1B). ” Cites to Tiffany v.

Trademark 92

Trademark False Advertising Advertising Advertising 92

43(B)log

MARCH 6, 2024

False advertising/false association: SouthState lacked standing to bring a false association claim against Qoins because there were no allegations of passing off, and in fact Qoins allegedly identified SouthState as a banking partner. [I But SouthState did have standing for a false advertising claim.

False Advertising 45

False Advertising Advertising Advertising Business 45

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. The panel, over two separate dissents, sends it back for reassessment of disgorgement, attorneys’ fees and costs (and still doesn’t publish the opinion).

False Advertising 69

False Advertising Advertising Advertising Trademark 69

LexBlog IP

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

IP Law 360

JUNE 14, 2022

was not false advertising that hurt a rival's business, despite having some members who hadn't finished their training yet, the Tenth Circuit ruled in a published opinion Tuesday. A home inspector trade group's tagline containing the words "Educated.

False Advertising 40

False Advertising Advertising Advertising Publishing 40

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. At oral argument, Peninsula did not dispute these facts. Approximately 2.5%

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 20, 2021

The FDA publishes the “Orange Book,” which lists all approved drugs and their therapeutic equivalence determinations, and which is “the primary mechanism used in the pharmaceutical industry to determine whether drugs are therapeutically equivalent, rather than only pharmaceutically equivalent.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 26, 2024

US News began publishing a specialty ranking of online master’s degrees in education in 2013, when USC Rosier’s online Master of Arts in Teaching program ranked #44. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

Advertising 59

Advertising Advertising False Advertising Marketing 59

LexBlog IP

JANUARY 31, 2024

This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. What does this mean for marketers who may be interested in producing advertising content using copyrighted works that have entered the public domain?

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

SEPTEMBER 14, 2021

From 2011 to the present, Defendant has published various advertisements stating that it is ranked or rated “#1” by the Today Show. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled. That’s a question of fact.

False Advertising 45

False Advertising Advertising Advertising Television 45

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

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

43(B)log

DECEMBER 29, 2022

MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. In mid-2022, “a celebrity gossip media outlet known as The Shade Room (TSR)” published an article titled “Penis Enhancements Are More Popular Than Ever & BBLs Are Dying Out: Cosmetic Surgery CEO Angela Kogan Speaks On It.”

Blogging 59

Blogging False Advertising Advertising Advertising 59

43(B)log

JANUARY 21, 2022

18, 2022) Guardant sued its competitor Natera over an alleged “campaign of false and misleading advertising directed at” Guardant’s new product Reveal, a liquid biopsy cancer assay for early-stage colorectal cancer (CRC). Guardant bases its contentions that Reveal works on “[p]eer reviewed data published by Parikh, et al.,

False Advertising 64

False Advertising Advertising Advertising Journalism 64

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

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

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.”

False Advertising 87

False Advertising Social Media Publishing Advertising 87

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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

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). When a local government adopts an ICC code, “it often does not publish the entirety of the code; rather, it codifies the code by reference and then publishes its own amendments.”

False Advertising 59

False Advertising Law Advertising Advertising 59