Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 116

Blogging Law Contracts Cease and Desist 116

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

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

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

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

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

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

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 134

Privacy False Advertising Contracts Advertising 134

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 26, 2022

The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.” CUTPA: Covers both deceptiveness and unfairness. The court thought the answer was no.

Government 59

Government Law Advertising Advertising 59

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 112

False Advertising Privacy Publishing Advertising 112

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

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

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

LexBlog IP

AUGUST 7, 2023

It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle.

Social Media 52

Social Media Reporting Contracts False 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

Indiana Intellectual Property Law

FEBRUARY 23, 2023

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. 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

Indiana Intellectual Property Law

JULY 16, 2021

ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. 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.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

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

MARCH 9, 2022

As the licensee, Brown Bottling had “standing to bring false affiliation claims under Section 43(a).” Then the court recited the elements of false advertising under §43(a)(1)(B), and then it identified the multifactor confusion test as the relevant test, so your guess is as good as mine about what provision is at issue.

False Advertising 59

False Advertising Trademark Marketing Marketing 59

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. Superior Court, 9 Cal.5th 5th 642, 651 (2020). cleaned up).

False Advertising 59

False Advertising Advertising Advertising Business 59

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. Many IP owners are facing more competition from infringing imported products and are looking ways to maintain and grow their position in the market. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D. Hippo Golf Co.,

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

JULY 20, 2022

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: The allegations identified “merely describe the supposed underlying trademark infringement.”

False Advertising 72

False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Another possibility is that Amazon will be the only player able to comply with the law, in which case the law entrenches an insurmountable competitive moat around Amazon’s marketplace). In other words, the law will produce outcomes that are directly opposite to what we want from Congress. What’s Regulated?

Trademark 136

Trademark False Advertising Advertising Advertising 136

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. Trademarks. Make intangible assets. Conclusion.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JANUARY 3, 2023

30, 2022) Plaintiffs sued for breach of express warranty under New York and California law, violation of the New York General Business Law (“GBL”) §§ 349 and 350, and the usual California claims. Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative).

Contracts 108

Contracts Marketing Marketing Law 108

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The parties compete in the market for probiotics. To the extent HPP is marketed as a medical food and deemed a medical food, it is required to be consumed under the supervision of a physician.” .…

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. They bought the annual edition of a legal resource manual, New York Landlord-Tenant Law (the Tanbook), which was published by Matthew Bender.

Editing 45

Editing Contracts Copying Law 45

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

False Advertising 82

False Advertising Government Privacy Designs 82

43(B)log

AUGUST 9, 2021

for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., cannister contains only 865 grams of ground coffee, meaning that if a consumer followed the instructions on the back of the cannister, she could make only 70% of the number of cups advertised on the Label. Plaintiffs sued for false advertising; the cases have been consolidated here.

Advertising 59

Advertising Advertising False Advertising Business 59