43(B)log

DECEMBER 10, 2021

Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” This contrasts to damages, which require proof of a causal link between plaintiff’s injury and defendant’s conduct.

False Advertising 90

False Advertising Advertising Advertising Law 90

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 75

False Advertising Advertising Advertising Marketing 75

JD Supra Law

OCTOBER 14, 2024

But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP

False Advertising 73

False Advertising Advertising Advertising Patent 73

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to false advertising claims and other claims that are based on purportedly false representations.” The post Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

43(B)log

JANUARY 13, 2023

Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/false advertising/deceptive trade practices under Hawaii law. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)?

False Advertising 75

False Advertising Advertising Advertising Design 75

43(B)log

MARCH 26, 2025

The court allows Lanham Act false advertising claims (and others) to proceed. I think the proximate cause question is interesting, but the other claims may have obscured the specific proximate cause question with respect to false advertising, since there was a material issue of fact on proximate causation of damage to the bees/honey.

False Advertising 52

False Advertising Advertising Advertising Business 52

43(B)log

JUNE 29, 2023

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. Nor was Vitamins Online required to prove a nexus between the false advertising and the lost sales.

False Advertising 80

False Advertising Advertising Advertising Marketing 80

43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

JANUARY 13, 2023

But what about false advertising? Lanham Act: Five 18 allegedly violated the Lanham Act by replicating and publishing Wolf’s designs while holding themselves out as the creators of the designs, confusing the public and consumers. Dastar barred a passing off claim.

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? And Faire alleged that Tundra repeatedly falsely advertised via phone and email solicitations that Faire was aware of and approved Tundra’s scheme: on December 15, 2022, Tundra’s employee allegedly told Brand A Faire approved of Tundra’s scheme and “it was above board.”

False Advertising 59

False Advertising Advertising Advertising Branding 59

JD Supra Law

OCTOBER 17, 2024

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc.

False Advertising 68

False Advertising Advertising Advertising Patent 68

JD Supra Law

JANUARY 2, 2025

Effervescent, the Federal Circuit ruled that falsely advertising that a product feature is patented can constitute a violation of the Lanham Act. On October 3, 2024, in Crocs v. All the way back in 2006, Crocs sued several competitor shoe distributors for patent infringement. By: Sunstein LLP

False Advertising 62

False Advertising Advertising Advertising Patent 62

43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

DECEMBER 22, 2023

As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even false advertising as a category. So what was the problem? The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”

False Advertising 59

False Advertising Advertising Advertising Settlement 59

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. In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

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. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

IP Law 360

MARCH 28, 2023

A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on social media to promote the business' services without his authorization.

False Advertising 73

False Advertising Social Media Advertising Advertising 73

43(B)log

MARCH 4, 2025

The court granted defendants motion to dismiss the state and federal false advertising claims, though other claims remain. However, the complaint sufficiently alleged misappropriation of SNDs galbi jjim recipe and cooking method.

Advertising 52

Advertising Advertising False Advertising Confidentiality 52

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

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. As for her surveysone of home users and one of out-of-home users like office usersthe court also allowed them.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

43(B)log

FEBRUARY 26, 2024

State of N.Y. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. 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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MAY 6, 2025

May 5, 2025) Nineteen plaintiffs brought claims under 13 states laws alleging that BK falsely advertised the size/amounts of ingredients in various burgers; the court denied BKCs motion to dismiss. Burger King Corp., 2025 WL 1294605, No. 22-cv-20925-ALTMAN/Reid (S.D.

False Advertising 52

False Advertising Advertising Advertising Contracts 52

43(B)log

JULY 24, 2023

Injury: Damages and disgorgement under the Lanham Act require injury (for false advertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon). And economic analysis is a valid means of proving an injury caused by false advertising.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

JD Supra Law

APRIL 14, 2025

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether brands are doing enough to maintain rights in iconic designs in an increasingly hot marketplace for vintage-inspired goods.

False Advertising 65

False Advertising Advertising Advertising Trademark 65

Indiana Intellectual Property Law

APRIL 28, 2025

The lawsuit aims to stop the sale of these allegedly altered drugs and correct Premiers supposed false advertising. They believe the unapproved alterations could lead to ineffective treatments or dangerous side effects. Lilly is also seeking damages for the purported harm caused by Premiers actions. Continue reading

False Advertising 52

False Advertising Intellectual Property Law Intellectual Property Advertising 52

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 4: Deception. Chapter 5: Which Facts Matter? Reasonable Consumers and Materiality. Chapter 6: Omissions and Disclosures. Chapter 7: Special Topics in Competitor Lawsuits.

Editing 126

Editing Advertising Advertising Marketing 126

43(B)log

AUGUST 29, 2024

23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing. Ortho-Tain, Inc. 2024 WL 3925408, No.

False Advertising 59

False Advertising Advertising Advertising Technology 59

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

Technology & Marketing Law Blog

JULY 23, 2024

Preface Chapter 1: Overview Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter?

Editing 98

Editing Advertising Advertising Marketing 98

IP Watchdog

JULY 23, 2024

After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.

Cease and Desist 59

Cease and Desist False Advertising Trademark Advertising 59

JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S.

False Advertising 70

False Advertising Trademark Advertising Advertising 70

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

Advertising Advertising Branding Brands 72