43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

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Technology & Marketing Law Blog

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. This argument has failed so many times.

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False Advertising Advertising Advertising Marketing 62

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. to lose significant advertising revenues.”

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Litigation Contracts Advertising Advertising 84

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

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False Advertising Advertising Advertising Social Media 72

LexBlog IP

MARCH 5, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Adim8, LLC v. DoorDash, Inc.

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Reporting Litigation Patent IP 52

LexBlog IP

MARCH 7, 2023

.” At the time of publication, the directory is currently a list of 27 ingredients that have been marketed as dietary supplements. This directory will aid manufacturers and firms marketing dietary supplements in assessing regulatory and litigation risk over the dietary supplement product life cycle.

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Marketing Marketing Advertising Advertising 52

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

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.

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False Advertising Advertising Advertising Privacy 59

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

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Advertising Advertising Social Media 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.

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Advertising Advertising False Advertising Social Media 40

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

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Advertising Advertising Marketing Marketing 99

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner.

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Trademark Advertising Advertising Litigation 98

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” 17-cv-7394 (LJL) (S.D.N.Y.

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Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. The litigants directly compete. ” Marketing channel. ” Relatedness of goods. Mark similarity. “Undetermined.”

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Advertising Advertising False Advertising Trademark 85

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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. ThermoLife Int’l LLC v. BPI Sports, LLC, 2022 WL 612669, No. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. As for the contributory false advertising claim, it too was well pled. These stamps are thus unquestionably statements of the Defendants.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

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False Advertising Advertising Advertising Marketing 45

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. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C.

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False Advertising Advertising Advertising Law 68

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? The informal battles total at least three times three.

Trademark 77

Trademark Advertising Advertising False Advertising 77

Olartemoure Blog

OCTOBER 30, 2023

We touch on topics like its regulatory framework, clinical practice, marketing authorization, amending authorizations, recall, promotion, enforcement of advertising rules, pricing and reimbursement, off-label use and unlicensed products, sale and supply, and recent trends that have been noticed.

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Intellectual Property Marketing Marketing Publishing 105

IP Watchdog

DECEMBER 19, 2023

Scott Hargis is an architectural photographer who sued Pacifica Senior Living Management LLC in September 2022 for damages and injunctive relief related to infringement of 43 of Hargis’ photos that Pacifica used to advertise and market its senior living facilities.

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Copyright Advertising Advertising Reporting 106

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

IP 126

IP Advertising Advertising Trademark Law 126

Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?) 2023 WL 3340214 (W.D.

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Law Advertising Advertising False Advertising 90

IP Watchdog

FEBRUARY 14, 2024

But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Adler PC v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

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. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

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Advertising Advertising Settlement Trademark 105

43(B)log

OCTOBER 7, 2021

Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty. Unsurprisingly, that triggered a federal lawsuit.

Litigation 59

Litigation Advertising Advertising Marketing 59

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). What are “marketing rights”??? Distraction is insufficient.

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Advertising Advertising Trademark Settlement 105

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

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Law Social Media Advertising Advertising 102

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

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. The precise details of the agreement weren’t required at this stage in the litigation.

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Advertising Advertising Editing Litigation 52