43(B)log
FEBRUARY 16, 2024
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. 1, 2017 to Apr.
Technology & Marketing Law Blog
DECEMBER 10, 2023
The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.
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Technology & Marketing Law Blog
SEPTEMBER 9, 2022
Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”
43(B)log
APRIL 25, 2023
Republic Technologies (NA), LLC v. Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 16 C 03401 (N.D. 19, 2023) Previous discussion.
43(B)log
APRIL 29, 2022
22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements. Zillow, Inc., 2022 WL 1203742, No.
43(B)log
MARCH 4, 2022
2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. It sells compounds/licenses its technology for use in sports nutrition supplements, while BPI produces its own dietary supplements.
43(B)log
JULY 21, 2023
but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. Still, that’s limited to using the trademark on a resold article and its immediate packaging, but not using stylized marks and logos on advertising materials.
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