Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. The post Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

False Advertising 97

False Advertising Advertising Advertising Trademark 97

43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. The Court granted Defendant’s motion for two reasons.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

NOVEMBER 27, 2023

Design Gaps brought trade secret, tortious interference, and state and federal false advertising/false designation of origin claims against defendants. And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”

Copying 59

Copying False Advertising Designs Design 59

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising claims. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese registered copyrights for his photos in 2019.

Copying 64

Copying False Advertising Social Media Advertising 64

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 30, 2022

The strongest evidence of the individual defendant’s involvement was that he reviewed a draft of the website copy before publication and didn’t object. This wasn’t enough to make him a “guiding spirit” or “central figure” in the underlying conduct.

False Advertising 59

False Advertising Advertising Advertising Business 59

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. A copy of the Memorandum Opinion is attached. According to CareDx, ‘[u]nder 15 U.S.C.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

AUGUST 11, 2022

Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (egoldman@gmail.com).

Editing 119

Editing Advertising Advertising Marketing 119

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

OCTOBER 12, 2022

The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

JANUARY 27, 2023

Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? It’s desirable for making it easier to turn pages for performance etc.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

IPilogue

DECEMBER 15, 2022

The artists also mimicked Vogue’s promotional activities by distributing copies of the fake magazine in North America’s largest metropolitan areas, including New York, Los Angeles, Atlanta, Miami, Houston, and Toronto, and plastering posters of the counterfeit cover along streets and buildings in these cities.

Social Media 105

Social Media False Advertising Copying Trademark 105

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Thus, Outlaw showed likely success on the merits of this claim.

Advertising 64

Advertising Advertising False Advertising Copyright 64

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet So why did I say the case was stupid? Allied Modular Building Systems, Inc.

Advertising 102

Advertising Advertising False Advertising Trademark 102

Copyright Lately

MARCH 31, 2024

Atari asserts claims not only for copyright infringement but also “business disparagement,” unfair competition and false advertising as well. The de minimis defense isn’t often discussed in copyright opinions because lawsuits aren’t typically brought over relatively inconsequential instances of copying.

Copyright 79

Copyright Fair Use Social Media Artwork 79

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

False Advertising 59

False Advertising Law Advertising Advertising 59

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. This is a U.S Ripps’s collection has sold out in 15 days, producing a revenue of 1,023.03

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 1, 2021

Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on false advertising and caused Kissler to suffer irreparable harm, including loss of business opportunities and harm to its reputation. The court found that Kissler couldn’t show likely success on the merits.

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

JULY 3, 2023

The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. And the copying here could also lead to an inference of deception. Did intentional copying show intent to confuse?

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

JANUARY 26, 2024

Flyers As shown above, these flyers advertised the IPTV streaming service as an “Authorized Retailer” for Dish and Sling, which people could “WATCH FOR $7/mo.” This amounts to false advertising and misuse of the Dish and Sling trademarks, the complaint notes.

Cease and Desist 87

Cease and Desist False Advertising Advertising Advertising 87

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. That is the most common outcome. LoanStreet v.

Advertising 85

Advertising Advertising False Advertising Trademark 85

43(B)log

JANUARY 17, 2023

As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. False advertising: Sybersound Recs., Nonetheless, Vubiquity allegedly uploaded the series to iTunes for sale and download. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. “The Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

OCTOBER 5, 2021

8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy successful products as long as they do not steal, lie, or mislead.” Sebela Pharmaceuticals Inc. TruPharma, LLC, 2021 WL 4316750, No. 1:20-cv-1677-SB (D.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

OCTOBER 31, 2022

Lite-Netics was restrained from making statements “suggesting ‘copying’ by HBL, suggesting HBL customers will be burdened as additional defendants in this or any lawsuit, or suggesting that HBL is a patent infringer.” With that out of the way, the balance of equities and the public interest also favored a preliminary injunction.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). ICC also publishes “Custom Codes” that integrate these amendments into its codes; it sells physical and electronic copies of both kinds of codes. UpCodes Inc.,

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

DECEMBER 16, 2022

False advertising: Plaintiffs alleged that the following statements from Roup’s website bio were false or misleading: “I knew that there was something missing from the boutique fitness community, so I combined my passion for dance and love for fitness to create The Sculpt Society.

Marketing 59

Marketing Marketing False Advertising Contracts 59