43(B)log

APRIL 18, 2023

10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

MAY 22, 2023

May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Hard Candy, Ltd.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

MARCH 3, 2023

TRUSTID lost both patent infringement and Lanham Act false advertising claims. TRUSTID advertised that use of the Authenticator could lead to a 5–10 percent improvement in IVR containment rates, a measure of callers who can have their issues resolved by the automated system without having to speak to a live agent.”

False Advertising 59

False Advertising Advertising Advertising Patent Infringement 59

43(B)log

MARCH 9, 2022

7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” Similar searches were also “frustrating”; Melwani alleged that the search results were “erroneous, scattershot, mingled” as well as “consistently confusing, misleading, false, and deceptive.” False designation of origin/false advertising: Lasoff v.

False Advertising 69

False Advertising Advertising Advertising Branding 69

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. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

APRIL 26, 2023

25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) get applied to trademark claims, the court of appeals concludes there’s no standing and thus no jurisdiction over the appeal. note: Like trademark claims do?]

False Advertising 59

False Advertising Advertising Advertising IP 59

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.

False Advertising 83

False Advertising Advertising Advertising Copying 83

43(B)log

OCTOBER 11, 2021

Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. They advertised that CJC contains 2,400 mg of sternal collagen among other ingredients.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JANUARY 23, 2023

OSD’s signal-to-noise statement was literally false because it advertised its amplifier as having 115 decibels on numerous websites even though OSD said in other statements under penalty of perjury that the signal-to-noise ratio was 104 decibels, and it didn’t submit test results or objective evidence that it was 115.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. On several of its websites, LHB also makes representations that it is an “Authorized TASER® Distributor” and that “TASER® is a Trademark of the Mister Stungun.”

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

FEBRUARY 16, 2024

12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Obviously, the trademark-related claims succeeded. Obviously, the trademark-related claims succeeded. This wasn’t commercial advertising or promotion.

Advertising 49

Advertising Advertising False Advertising Trademark 49

43(B)log

MARCH 21, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB owns several trademark registrations including “Vampire,” specifically for wine and pre-mixed alcoholic beverages other than beer, and “Vampyre,” specifically for spirits.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

JD Supra Law

MARCH 28, 2023

Imagine owning a building in which you are renting out living space at your set prices and then coming across an advertisement that those same living spaces are available for a nightly, weekly, monthly or even annual fee. The scenario is actually playing out right now for many landlords. By: Thompson Coburn LLP

False Advertising 52

False Advertising Advertising Advertising Trademark Law 52

JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S. By: Erise IP

False Advertising 70

False Advertising Trademark Advertising Advertising 70

43(B)log

SEPTEMBER 28, 2021

1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc. Roach, 2021 WL 4134836, No.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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. Plaintiffs’ registered trademarks include “SLEEP NUMBER”, “WHAT’S YOUR SLEEP NUMBER”, “SELECT COMFORT”, and “COMFORTAIRE.” Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. 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. Anyway, that was “commercial advertising or promotion.” De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

SEPTEMBER 22, 2021

SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 alleged that Musclegen markets its Genepro protein powder product by falsely claiming it contains 30 grams of protein in a roughly 11.15 Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

MARCH 14, 2023

Ah, how I wish courts would apply the same scrutiny to trademark harm stories. 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.” Route Consultant, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

IP Watchdog

FEBRUARY 14, 2024

The jury awarded Chanel $4 million in statutory damages on Chanel’s claims of trademark infringement, false association, unfair competition, and false advertising related to What Goes Around Comes Around’s (WGACA) reselling and marketing of Chanel products. The plaintiffs prevailed on all claims.

False Advertising 72

False Advertising Trademark Branding Brands 72

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

Editing 118

Editing Advertising Advertising Marketing 118

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. More Posts About Keyword Advertising.

Advertising 101

Advertising Advertising False Advertising Trademark 101

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

JANUARY 30, 2024

Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?; or false advertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish?

False Advertising 116

False Advertising Social Media Inventor Advertising 116

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

IP Law 360

SEPTEMBER 19, 2023

Kilpatrick Townsend & Stockton LLP has hired a trademark, false advertising and class action litigation expert as a partner in its New York office.

False Advertising 52

False Advertising Trademark Advertising Advertising 52

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. More Posts About Keyword Advertising. The defense runs Luxy, a competitor. 1-800 Contacts v.

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Advertising Advertising Settlement Trademark 106

43(B)log

SEPTEMBER 24, 2021

May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the differences in pleading standards applied to trademark and false advertising claims.

Advertising 59

Advertising Advertising False Advertising Business 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 77

Trademark Advertising Advertising False Advertising 77

LexBlog IP

JANUARY 5, 2022

Class action alleging various New York state torts including false advertising arising from the Jets and Giants identifying themselves as New York teams when they play in New Jersey. Note to out-of-towners – both the Jets and the Giants have w-l records of 4 and 12.

False Advertising 40

False Advertising Advertising Advertising Intellectual Property 40