43(B)log

AUGUST 9, 2021

Similarly, “ordinary business transactions” can satisfy the substantial assistance element of an aiding and abetting claim “if the [defendant] actually knew those transactions were assisting the [principal] in committing a specific tort. They allegedly “directly run” ad campaigns for their clients, including Beyond Global.

False Advertising 69

False Advertising Advertising Advertising Designs 69

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. caused ExeGi to lose business.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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.” pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

False Advertising 72

False Advertising Advertising Advertising Litigation 72

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

Indiana Intellectual Property Law

FEBRUARY 23, 2023

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. The complaint alleges that both Reed and Darby joined HG Autotech and used MaddenCo’s confidential information or copyrighted works, to reproduce, develop, use, market, and/or sell competing products and services.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? WatsonSeal is “in the business of crawl space and basement performance products.” Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D.

False Advertising 60

False Advertising Advertising Advertising Marketing 60

43(B)log

AUGUST 25, 2021

Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” Although Alfasigma’s products were historically designated as F, First Databank reclassified them as O.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Automated Pet Care Prods., Purlife Brands, Inc.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.”

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

SEPTEMBER 16, 2021

Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. This wasn’t specific and factual enough.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” Anheuser-Busch Cos., What remained?

False Advertising 72

False Advertising Advertising Advertising Marketing 72

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. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

Branding 52

Branding Brands Branding False Advertising 52

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. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. UCL: The UCL, California Business and Professions Code § 17200 et seq.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

FEBRUARY 17, 2022

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.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Copyright Lately

MARCH 31, 2024

To make matters worse, State Farm’s resident do-gooder “Jake” lands a Fonzie-style smack on the Crystal Castles machine to get it working—”suggesting falsely and disparagingly to consumers that Atari’s cabinets are low-quality, faulty, and/or unreliable.” Atari isn’t blameless either. The Gap, Inc.

Copyright 78

Copyright Fair Use Social Media Artwork 78

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

JUNE 16, 2022

“After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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. Unlike offline business sectors, original material on the web is simply and freely accessible to anyone.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” What are “marketing rights”??? More Posts About Keyword Advertising. McNeil appeared first on Technology & Marketing Law Blog. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). It is plausible, from the facts alleged in the SAC, that the statements created a false implication about Mr.

Designs 59

Designs Design Privacy Blogging 59

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). . * Another Keyword Advertising Lawsuit Fails–Allied Interstate v.

Trademark 80

Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 117

Blogging Law Contracts Cease and Desist 117

43(B)log

AUGUST 17, 2021

sparkling margarita" "sparkling classic cocktails" (mojito, cosmo) "Spritz": sangria, rosé The plaintiffs also alleged that the misleadingness was enhanced by the market context. Defendant argued that consumers would understand these merely as “flavor designators.” The court partially granted and denied the motion to dismiss.

Marketing 80

Marketing Marketing Branding Brands 80

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

APRIL 5, 2024

Second, the products were labeled and marketed in a way that claims that they mitigate or prevent disease. Plaintiffs’ unfair or deceptive business practice NDI claim may rest upon a theory that even putting the products for sale on the marketplace is an implicit representation that they are being legally sold and comply with the FDA.”

Branding 59

Branding Brands Branding Advertising 59

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GMI is a food company which produces and sells cultivated, lab-grown meat from extracted animal cells.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. Other examples: design patent, as Sarah Burstein has writte n. The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

JULY 20, 2023

“ In general, advertisements provide consumers with information regarding products or services for sale in commerce. Under Section 12 of the FTC Act, an “advertisement” is a publication that has the “tendency or capability to induce the sale of [a] product.” The COVID-19 Act was enacted on December 27, 2020.

Government 52

Government Advertising Advertising Social Media 52