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 ?). YouTube appeared first on Technology & Marketing Law Blog. Leonel Lops claims a trademark in the term “Confidence Empire” for shoes.

Trademark 91

Trademark False Advertising Advertising Advertising 91

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! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Before law school, he was a greenskeeper at a local golf course. Guest Post by Jordan Duenckel. He has an extensive background in chemistry and food science.

False Advertising 101

False Advertising Invention Advertising Advertising 101

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. And can law make them do it?

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. come from Italian ingredients, [are] processed and manufactured in Italian factories, and then exported.”

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Proximity of the products: A factfinder would have to decide the relevance of new v.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 29, 2024

Previously, NY and Florida classes were certified , and there are also individual claims under New York, Florida, North Carolina, and Wisconsin law. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) and] an allergy risk reduction benefit.”

False Advertising 104

False Advertising Advertising Advertising Reporting 104

43(B)log

MARCH 29, 2024

22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 59

Law Advertising Advertising Branding 59

43(B)log

JUNE 19, 2023

14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. Lanham Act false advertising: Unlimited sufficiently pled standing.

False Advertising 69

False Advertising Advertising Advertising Reporting 69

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. State law governs how and when pharmacists and health care professionals can and must make generic substitutions.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. And it creates a private cause of action. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

JANUARY 19, 2023

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.” Despite Doe v. The complaint.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Exclusions for Federal Criminal Law. False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. Apple appeared first on Technology & Marketing Law Blog.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

43(B)log

MARCH 27, 2023

9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. Likewise, the court couldn’t conclude that there would be no deception as a matter of law.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

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. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 82

Advertising Advertising False Advertising Trademark 82

Technology & Marketing Law Blog

JANUARY 8, 2024

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? Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. LoanStreet v. Reyes & Adler v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law. They could not.

IP 127

IP Advertising Advertising Trademark Law 127

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Maintain your distinct brand identity. . Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. For example, the “Rx Only” symbol, according to Alcon’s own product inserts, means “CAUTION: Federal (United States) law restricts this device to sale by or on the order of a licensed eye care professional.” Alcon Vision, LLC v.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. 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. Labeled search results.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. (Of Despite this good outcome, this case has left two lingering scars on Internet law.

Blogging 119

Blogging False Advertising Law Advertising 119

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”???

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 18, 2022

Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. Lemon/lime squirt bottles indicate product and not brand. Why not ask AGs to bring the claims?

Trademark 59

Trademark False Advertising Fair Use Branding 59

LexBlog IP

AUGUST 7, 2023

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

FEBRUARY 24, 2024

Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). Ex parte: the law is whatever the judge will sign. Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” More Posts About Keyword Advertising.

Trademark 80

Trademark Advertising Advertising Settlement 80

Indiana Intellectual Property Law

MARCH 17, 2023

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC , filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for engaging in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Business 52

Business Marketing Marketing Branding 52