Contracts Designs False Advertising Litigation 
43(B)log
OCTOBER 12, 2022
Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.
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.
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Indiana Intellectual Property Law
MARCH 7, 2023
for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.
43(B)log
JULY 6, 2022
The parties are involved in related patent litigation. Medline also allegedly made “unfounded allegations” that its system was safer and reduced the risk of catheter-induced urinary tract infections (ugh)/that BD’s new design was more likely to cause UTIs. The allegations were sufficient to state a Lanham Act claim.
Technology & Marketing Law Blog
SEPTEMBER 9, 2022
The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Section 230. eBay case from 2008. Implications. Apple , and Evans v.
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. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.
Indiana Intellectual Property Law
JULY 16, 2021
ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C.
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