Unearthing the Truth: How Ambiguity Excavated a Win in False Advertising Claim
JD Supra Law
APRIL 25, 2024
Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement.
no disgorgement under state law when false advertising wasn't shown to result in sales
43(B)log
APRIL 25, 2023
Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. HBI counterclaimed that Republic infringed its copyrights and trade dress. There was no special verdict form.
Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement
43(B)log
DECEMBER 18, 2023
15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It
California Supreme Court reaffirms strict liability for false advertising in Serova
43(B)log
AUGUST 22, 2022
The First Amendment has long coexisted with no-fault false advertising laws. There was also no copyright preemption. And, while Dastar took out the statutory foundation for some Lanham Act claims, “numerous courts have entertained false advertising claims premised on statements about creative contribution.”
copying competitor's website & reviews creates (c), TM, false advertising problems
43(B)log
OCTOBER 11, 2022
It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website. The court refused to dismiss copyright claims (plaintiff amended its complaint when it had registered its copyright, which was timely and ok).
seller's online arbitrage exposes it to (c) and false advertising claims
43(B)log
FEBRUARY 9, 2022
This is easier when there’s a potential copyright claim (which is not subject to §113(c), which very few people remember). She publishes photos of her products on eBay, and has registered some copyrights in the photos. This alleged chutzpah triggered the false advertising element of the case. “[T]he
Calif. Addiction Clinic Can't Shake Off Copyright Suit
IP Law 360
APRIL 9, 2024
An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.
false advertising as a workaround when municipal codes are copied?
43(B)log
AUGUST 11, 2021
I]ts primary funding source is the sale and licensing of publications containing its copyrighted works.” Finally, UpCodes allegedly falsely claimed to be the “only source” of state amendments integrated into the model code, when in fact ICC also offers custom codes on its website. Once upon a time, this was a copyright dispute.
Dastar bars false advertising claim against "first of its kind" ads
43(B)log
DECEMBER 15, 2023
But “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ ” and for whatever reason, it didn’t bring a patent infringement claim. Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.” Zobmondo Ent. Imagination Int’l Corp.,
TM infringement and false advertising claims related to putative open source software "fork" succeed
43(B)log
SEPTEMBER 16, 2021
Doing so removed certain legal notices identifying Neo4j Sweden as the copyright holder and licensor, and removed the Commons Clause, effectively allowing Defendants to commercially use and support ONgDB.” Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep.
'American-Made' May Include Foreign Parts, 10th Circ. Says
IP Law 360
APRIL 12, 2024
A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.
accusing someone of patent infringement can be actionable disparagement if you know the patent's invalid
43(B)log
OCTOBER 9, 2023
million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.
Dastar bars false marking claims brought under Lanham Act (dubitante)
43(B)log
DECEMBER 7, 2023
17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.
Trademark Considerations for Copyrighted Works in the Public Domain
LexBlog IP
JANUARY 31, 2024
In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain.
Amazon escapes liability for its Brand Registry advertising
43(B)log
OCTOBER 9, 2023
False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards. Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.
Advertising 
72
72 
Court Downs Comparative Advertising and Copyright Claim, Follows with a Made in USA Chaser
LexBlog IP
AUGUST 15, 2023
Can one company use another’s copyrighted images in its advertisements to contrast where the two companies’ products are manufactured? And if this is generally but not always allowed, when is it okay? Read more
Advertising 40
40 
State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari
Copyright Lately
MARCH 31, 2024
Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.
Copyright 78
78 
user manuals aren't "commercial advertising or promotion" but do have thin copyright
43(B)log
DECEMBER 1, 2022
28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar.
Advertising 64
64 
Peloton Buyers Lose Class Cert. Bid In False Ad Suit
IP Law 360
MAY 2, 2023
of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns. A New York federal judge on Tuesday rejected a class certification bid in a lawsuit accusing stationary bike giant Peloton Interactive Inc.
Tiktok's other, smaller legal problem
43(B)log
APRIL 29, 2024
23, 2024) Skipping the copyright and trade secrets part of the case. (In The court found aspects of the copyright/§1202 claims claim insufficiently specifically pled and granted leave to amend, including to add sufficient detail to establish that the works at issue were not US works and thus exempt from the pre-suit registration requirement.
Dastar bars federal anticopying claims, but not state ones?
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.
Seyfarth Attorneys to Present to the Association of National Advertisers’ Legal Affairs Committee
LexBlog IP
OCTOBER 5, 2023
The team will present on the following topics: Updates in false advertising litigation, including, consumer class actions, Lanham Act litigation, and cases at the National Advertising Division Updates to the regulatory landscape, including the latest from the FTC Updates in the world of AI & Copyright
Advertising 52
52 
Peloton Can't Outrun False Ad Suit Related To Music IP Spat
IP Law 360
AUGUST 12, 2022
A New York federal judge denied Peloton's latest bid to escape a proposed class action accusing the stationary bike giant of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns.
Music 74
74 
Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023
The IP Law Blog
DECEMBER 29, 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Goldsmith The U.S.
copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching
43(B)log
MAY 19, 2023
Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.
Copying 94
94 
too much complaining about copying triggers Dastar/preemption for other claims
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. Defendants moved to dismiss the Lanham Act claims as preempted by copyright.
Copying 59
59 
using competitor's images in comparative advertising is fair use even when appearance isn't being compared
43(B)log
APRIL 26, 2023
24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The parties had other disputes, including accusing each other of posting false reviews of the other.
Fair Use 64
64 
Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023
LexBlog IP
DECEMBER 29, 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Goldsmith The U.S.
Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman
Technology & Marketing Law Blog
AUGUST 11, 2022
Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview. Chapter 9: False Advertising Practice and Remedies. Chapter 11: Copyrights. Chapter 17: The Advertising Industry Ecosystem–Intermediaries and Their Regulation. Chapter 4: Deception. Chapter 5: Which Facts Matter?
Editing 119
119 
1202 and Lanham Act claims can't save lawsuit against embedding photos
43(B)log
OCTOBER 31, 2022
25, 2022) Logan alleged that Facebook’s embedding tool enables third parties to infringe his copyrighted photos uploaded onto his Facebook account by embedding them to third-party websites and allowing embedding on Facebook from other websites, creating both direct and secondary liability. Meta Platforms, Inc., 2022 WL 14813836, No.
when can pharma experts testify about compliance with the FDCA? (also some survey stuff)
43(B)log
NOVEMBER 13, 2023
8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.
Advertising injury policy's IP exclusion means ROP claims aren't covered
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.
Advertising 72
72 
Update on Encyclopaedia Iranica Case
BYU Copyright Blog
APRIL 25, 2022
As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.
competitor's copying of photos doesn't inherently inflict competitive harm
43(B)log
SEPTEMBER 20, 2021
Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims.
Copying 64
64 
Watch Now: Advertising Best Practices for the Generalist In-House Counsel
Trademark and Copyright Law Blog
JANUARY 14, 2021
We will use real-life false-advertising cases litigated over the past few years to illustrate the successful and unsuccessful claims and defenses and to inform webinar attendees of the currently active areas of advertising litigation. Jennifer Yoo, Associate, Foley Hoag LLP.
Advertising 40
40 
rebinding books doesn't create derivative works but may be actionable under Lanham Act
43(B)log
JANUARY 27, 2023
Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.
Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim
43(B)log
APRIL 29, 2024
Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation. After dealing with jurisdiction/proof of service, the court dismissed the copyright infringement claim because no registration had yet been received.
False CMI isn't plausibly related to consumers' decisions to buy/watch TV show
43(B)log
JANUARY 17, 2023
This allegedly involved false copyright and release date information, as well as “drastically low bargain-rate prices” and failure to distinguish between HD and SD versions. LW sued for copyright infringement, violations of both sections of Lanham Act §43(a), §1202 CMI violations, fraud, and state-law statutory unfair competition.
ct orders injunctive relief against misleading rewording of geographical origin claim
43(B)log
DECEMBER 8, 2022
At trial, Republic alleged that HBI engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. HBI counterclaimed that Republic infringed its copyrights and trade dress. It also rejected the Lanham Act false advertising claim, but found unfair competition and IUDTPA violations by HBI.
Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?
43(B)log
JULY 3, 2023
27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Copyright: The Third Circuit applies the discovery rule to the limitations period of three years. Industria De Alimentos Zenu S.A.S. Latinfood U.S.
Former Employees and their New Employer Sued Over Stolen Software
Indiana Intellectual Property Law
FEBRUARY 23, 2023
MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.
Models v. Strip Clubs and the Lanham Act
Patently-O
FEBRUARY 12, 2023
Apparently, the club obtained photos of the models; and then edited them into advertisements for pubilcation on Facebook, Instagram and other online media. One difficulty for professional models such as the plaintiffs here is that copyright the photographic images is typically held by the photographers, not the models. Defamation.
Privacy 117
117 
Dastar prevents misrepresentation of source of IP from being material
43(B)log
OCTOBER 4, 2021
Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.
Judge Throws Out Triller Lawsuit Against ‘Jake Paul’ Pirate Streaming Site
TorrentFreak
DECEMBER 27, 2021
Triller’s lawsuit alleged copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and a violation of the Computer Fraud and Abuse Act. From: TF , for the latest news on copyright battles, piracy and more. Among them was alleged Online2LiveStreams.us
Due Diligence 129
129 
Let's personalize your content