43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 9, 2022

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” “[T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” So too here.

False Advertising 69

False Advertising Advertising Advertising Branding 69

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. ” Following mid-2000s cases like Lamparello and Lucas Nursery , we rarely see such unforgiving anti-griper opinions that twist the Lanham Act to cover circumstances it was never designed to cover. Reyes & Adler v.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. C21-312 TSZ, 2021 WL 3930694 (W.D. NAR “is the nation’s largest trade association for real estate professionals.”

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

APRIL 25, 2022

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

AUGUST 9, 2021

The design, implementation, and utilization of the relevant defendants’ load balancing software necessitated the their knowledge of the entire scheme: it was designed and used for rotating merchant accounts to avoid detection of a scheme to defraud consumers.

False Advertising 69

False Advertising Advertising Advertising Designs 69

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 6, 2023

It also criticized Lokring products and toolings and stated that “The major flaw in the Lokring design is the thin cross section in the middle of the fitting where the two pipes meet…. Its head of product development testified that the thin cross section had, as designed, worked acceptably for over 25 years.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 27, 2021

Plaintiffs allegd both direct and contributory false advertising, which requires (1) that the “third party in fact directly engaged in false advertising that injured the plaintiff” and (2) “that the defendant contributed to that conduct either by knowingly inducing, or causing the conduct, or by materially participating in it.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 15, 2023

were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.” There was no meaningful distinction between claims of being the “first” and claims of inventorship.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

43(B)log

FEBRUARY 9, 2022

This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1) False advertising under the Lanham Act: The court identified two theories. (1) Query: are there actual damages? How would they be assessed?

False Advertising 59

False Advertising Advertising Advertising Copyright 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The district court found that these violations caused harm because they “were designed to create a false continuity between Italian VSL#3 and the De Simone Formulation so that VSL#3 could keep its prior customers and potentially poach new ones.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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.

False Advertising 52

False Advertising Advertising Advertising Copyright Infringement 52

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

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

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

False Advertising 83

False Advertising Copying Advertising Advertising 83

SpicyIP

JANUARY 30, 2024

or false advertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish? or the exclusive rights over a recipe – breach of confidentiality?;

False Advertising 116

False Advertising Social Media Inventor Advertising 116

IP Law 360

FEBRUARY 5, 2024

Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

False Advertising 40

False Advertising Advertising Advertising Designs 40

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters. Hall, 2023 WL 8103156, No.

Copying 59

Copying False Advertising Designs Design 59

43(B)log

NOVEMBER 21, 2022

They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising. Thus, “[i]n context, the contested button is not false association or false advertising.” But there’s leave to amend!

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

Indiana Intellectual Property Law

OCTOBER 27, 2023

1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. 6,600,065 ) for the Yellow Handle Design specifically for “liquid handling products for commercial, industrial and agricultural use, namely control valves for regulating the flow of liquids in hoses and pipes.”

False Advertising 52

False Advertising Trademark Advertising Advertising 52

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

False Advertising 72

False Advertising Advertising Advertising Litigation 72

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. The court declined to dismiss the counterclaims.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

OCTOBER 11, 2023

Plaintiff alleged that Sazerac designed this malt version to look just like the original one, misleading consumers in violation of New York laws on deceptive practices and false advertising. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 26, 2021

This equipment is designed and constructed only to collect a customer’s ordinary waste. Republic alleged tortious interference, trespass/conversion, and false advertising claims. Lanham Act false advertising: Smash’s website FAW said: Will my waste company let me Smash my trash? It’s not their waste, it’s yours.

False Advertising 72

False Advertising Advertising Advertising Business 72

43(B)log

OCTOBER 11, 2023

Shkipin operates an alternative agent-matching platform, HomeOpenly, that does not charge referral fees and instead obtains revenue from advertising and auxiliary services. I will only discuss the (unsuccessful) advertising-related claims. Not a promise of specific results.

False Advertising 45

False Advertising Advertising Advertising Law 45

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. RectorSeal also sells a product known as the Metacaulk Box Guard.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 25, 2021

Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” Although Alfasigma’s products were historically designated as F, First Databank reclassified them as O.

False Advertising 72

False Advertising Advertising Advertising Designs 72