43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Trademark and Copyright Law Blog

JANUARY 14, 2021

In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your competitors are making false or misleading statements in their advertisements.

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Advertising Advertising False Advertising Social Media 40

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc.

False Advertising 59

False Advertising Law Advertising Advertising 59

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. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 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

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

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. Apple appeared first on Technology & Marketing Law Blog. ” Section 230. eBay case from 2008. Apple , and Evans v. HP (re the Chubby Checker).

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False Advertising Privacy Publishing Advertising 112

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon also allegedly sells a significant number of lenses overseas that are not FDA-compliant, rendering its product packaging for such lenses false and misleading to consumers, including Lens.com. Alcon Vision, LLC v. Lens.com, Inc.,

False Advertising 72

False Advertising Trademark Advertising Advertising 72

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. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.)

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” There is a limited regulatory framework around green claims, making it prime for litigation. sustainable).

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MAY 2, 2022

26, 2022) This opinion resolves challenges to expert testimony in a false advertising class action under NY’s GBL challenging the advertising of Joint Juice as touting benefits of a useless product; both parties win and lose some. Premier Nutrition Corp., 2022 WL 1225031, No. 16-cv-06980-RS (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. In Asurvio v. Bleeping Computer.

Blogging 119

Blogging False Advertising Law Advertising 119

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” What are “marketing rights”??? More Posts About Keyword Advertising. McNeil appeared first on Technology & Marketing Law Blog. ” Adler sued for trademark and related claims.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 116

Blogging Law Contracts Cease and Desist 116

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Amazon ruling. Reyes & Adler v.

Trademark 79

Trademark Advertising Advertising Settlement 79

43(B)log

MAY 19, 2023

In re Natera Prenatal Testing Litig., In other words, 82% of Panorama’s positive results for DiGeorge syndrome were false positives. 22-cv-00985-JST, 2023 WL 3370737, -- F. Plaintiffs failed to identify a relevant “defect” in the tests. are not physical defects that affect the central function of the chocolate products.”

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. But the citizen petition wasn’t excepted commercial speech.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

SEPTEMBER 1, 2021

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the gasoline additive MTBE and/or tertiary butyl alcohol, a product formed by the breakdown of MTBE in water. 2021 WL 3371938, No.

Advertising 59

Advertising Advertising Litigation Designs 59

43(B)log

AUGUST 31, 2021

Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” The 2017 label also references the “coast” and includes a map of Oregon with leaves denoting the locations of the Willamette, Umpqua, and Rogue Valleys.

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

FEBRUARY 24, 2024

Adjudicators need to hear about risks of overenforcement, overclaiming; defenses—he gets emails from sellers of used or grey market goods snared in a robotic search. Other examples: design patent, as Sarah Burstein has writte n. State bars don’t have standing requirements and you don’t have to litigate in the case itself.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

APRIL 17, 2023

Thus, “not only do[ ] [Defendants] rate Usana highest because of the incentive to increase Usana’s sales and to keep Usana happy, but also because, driven by the dictates of Usana, Usana’s distributors are their largest market segment [for sales of the Guide].” During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

SEPTEMBER 10, 2021

There are a number of opinions in this case—the judge spent time on this rather unusual false advertising analysis in a bankruptcy case, including taking care with the expert evidence. The parties compete in the market for drug disposal devices. The parties compete in the market for drug disposal devices.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 24, 2021

Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Designed in US” can also work. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

AUGUST 9, 2021

There was clear knowledge of the automatic stay, given that “Charter premised the campaign on false assertions regarding the Debtors’ bankruptcy cases.” Or say an unrelated competitor to a bankrupt pharmaco starts falsely advertising comparatively about its painkillers without reference to the bankruptcy. In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? MLMs vary on type of guidance they give sellers about legal restrictions on marketing claims.

False Advertising 45

False Advertising Trademark Advertising Advertising 45