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

IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

JULY 19, 2023

13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. Continental Casualty Company v.

Copying 40

Copying False Advertising Advertising Advertising 40

43(B)log

JUNE 26, 2023

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. The court concluded that the ROP is an intellectual property right.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

SEPTEMBER 14, 2021

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas.

Advertising 59

Advertising Advertising False Advertising Contracts 59

IP Law 360

AUGUST 26, 2022

stole contracted shelf space and trade secrets from its rival Monster Energy Co. while falsely touting its Bang energy drink's "super creatine" ingredient that is not actually creatine, a Monster attorney told a California federal jury Friday during opening statements in its false advertising suit against Vital.

False Advertising 40

False Advertising Contracts Advertising Advertising 40

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled. This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

AUGUST 20, 2021

State law governs how and when pharmacists and health care professionals can and must make generic substitutions. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.” This was the basis of the counterclaims.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. For similar reasons, the common law claim fails. Perhaps the false pretenses could give rise to claims not alleged in this case? Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Or even 900+?

Privacy 137

Privacy False Advertising Contracts Advertising 137

43(B)log

MARCH 21, 2024

Plaintiffs brought claims under California, New York, and Washington consumer protection law, and common law claims for unjust enrichment. Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.”

Licensing 114

Licensing Contracts Ownership Litigation 114

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

False Advertising 40

False Advertising Confidentiality Settlement Contracts 40

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Unjust enrichment was also sufficiently pled.

Law 52

Law False Advertising Advertising Advertising 52

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. One defendant was a law firm. 439 people with timeshare contracts with Diamond hired one of the defendant companies. The “new law” referred to a Florida law.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IP Law 360

SEPTEMBER 28, 2021

A Florida federal judge has largely handed a win to an attorney sued by Wyndham Vacation for his part in a purported "timeshare exit" scheme, tossing the company's claims that the lawyer engaged in false advertising while persuading owners to illegally default on their contracts.

False Advertising 40

False Advertising Contracts Advertising Advertising 40

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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

SEPTEMBER 26, 2022

The court thought that this wasn’t material, but conflated false advertising and false association (which was plausibly alleged). Zillow arguably presents itself as a resource to consumers when in fact, it is an advertising platform for agents, but that’s true of almost all websites.

Government 59

Government Law Advertising Advertising 59

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’”

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JUNE 22, 2022

Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, OK, I’m not a big false endorsement fan, but … isn’t this false endorsement? Plaintiffs terminated an agreement to insure Securranty Inc.’s Insert your own insurance-related pun.)

Advertising 72

Advertising Advertising False Advertising Contracts 72

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. ” This is a highly defense-favorable reading of the contract provision.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 59

Marketing Marketing False Advertising Contracts 59

LexBlog IP

AUGUST 7, 2023

Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. asserting that CCDH’s reports were “baseless,” “false or misleading,” and not supported by proper research techniques. Are the reports advertisements? ’s commercial competitors.

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

MARCH 23, 2022

Motogolf bought online ads on a pay-per-click contract “wherein ads would stop appearing to others if they were clicked a certain number of times in a given period.” Intentional interference with contract went because Motogolf had not identified any specific vendor that the defendants allegedly interfered with. Motogolf.com, LLC v.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms. This was a contract dispute, not a Yu problem.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

43(B)log

FEBRUARY 7, 2022

Common law fraud: There’s a three year limitations period, and plaintiffs sued in August 2017. But to reach back to 2003, they pointed to Connecticut law stating that if a defendant “fraudulently conceals from [the plaintiff] the existence of [a] cause of. action, [the] cause of action shall be deemed to accrue.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The dissent thought the state law claims should also have failed. It’s still subjective! Enigma Software Grp. USA, LLC v.

False Advertising 59

False Advertising Advertising Advertising Business 59

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.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file.

Artwork 82

Artwork Contracts False Advertising Art 82

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

JULY 22, 2021

The amended opinion adds several qualifications to Section 230’s scope, including: “Changes in the use of internet platforms now far outpace a law enacted before the invention of the smartphone.” Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

FEBRUARY 8, 2024

Whether an act is “materially misleading” under New York law is an objective inquiry, and “generally a question of fact not suited for resolution at the motion to dismiss stage.” 2016), involved an order page like this: Amazon ad Whether Amazon provided sufficient notice, the Second Circuit held, could not be resolved as a matter of law.

Music 59

Music Contracts Advertising Advertising 59

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.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 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. cleaned up).

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JULY 6, 2022

The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. This sufficed, given that BD supported its allegation with “specific examples of misleading or false statements that Defendant’s sales representative made to other customers in emails and presentations.”

False Advertising 59

False Advertising Designs Design Advertising 59