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False Advertising Related Topics 
IP Watchdog
APRIL 13, 2022
In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread.
43(B)log
MARCH 9, 2022
A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. false advertising remedies
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43(B)log
DECEMBER 10, 2021
This allowed McCormick to advertise what seemed like an attractive lower price and charge more. damages false advertising remediesWatkins Inc. McCormick & Co., 2021 WL 5810487, NO. 15-2688(DSD/BRT) (D.
43(B)log
JUNE 30, 2022
28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising.
43(B)log
SEPTEMBER 28, 2021
14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” dastar false advertisingCrocs, Inc. Effervescent, Inc.,
43(B)log
JUNE 17, 2022
7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. false advertising remedies
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. Lanham Act claim: Was this commercial advertising or promotion?
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. Here, ExeGi sues a doctor for producing some of the materials ExeGi’s rivals use to promote themselves, and the court approves a contributory false advertising claim, reasoning that the “commercial advertising and promotion” requirement applies only to the underlying speech, not to the doctor’s speech.
43(B)log
AUGUST 11, 2021
Likewise, ICC alleged that UpCodes falsely claimed: “Integrated Amendments: Never miss important requirements in your jurisdiction”; “UpCodes has the adopted codes as enacted by the state or local jurisdiction”; and “While some states provide integrated codes. false advertising
43(B)log
APRIL 25, 2022
The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” false advertising secondary liability
43(B)log
OCTOBER 5, 2021
28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate.
43(B)log
JUNE 17, 2022
InterNACHI argued that ASHI’s tagline constituted Lanham Act false advertising because it portrays ASHI’s entire membership as being educated, tested, verified, and certified, even though its membership includes so-called “novice” inspectors who have yet to complete training or become certified. damages false advertising standingAmerican Society of Home Inspectors, Inc. International Ass’n of Certified Home Inspectors, F.4th -, 2022 WL 2125492, No. 21-1087 (10th Cir.
43(B)log
APRIL 29, 2022
22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements.
43(B)log
MARCH 4, 2022
2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. false advertising standingThermoLife Int’l LLC v. BPI Sports, LLC, 2022 WL 612669, No. 21-15339 (9 th Cir.
43(B)log
JUNE 9, 2021
Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Finally, we introduce our antitrust framework for false advertising claims.
43(B)log
AUGUST 9, 2021
And using a “false front” website for financial institutions would also be misleading and deceptive to a reasonable consumer. california false advertising secondary liabilityBonus: Civil RICO claims survive! Sihler v. Fulfillment Lab, Inc., 2021 WL 1293839, No.
43(B)log
SEPTEMBER 30, 2021
consumer protection false advertising surveysClark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D.
43(B)log
AUGUST 27, 2021
The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. Were there allegedly false or misleading statements by the defendants? false advertising secondary liability
43(B)log
SEPTEMBER 10, 2021
AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick. false advertising tortious interferenceLogistick, Inc. AB Airbags, Inc.,
43(B)log
MARCH 4, 2022
for falsely advertising them as “flushable” under California’s CLRA/UCL/FAL, NY’s GBL, Illinois’s ICFA, and breach of warranty. california consumer protection false advertising remediesWyant v. Dude Prods., 2022 WL 621815, No. 21-cv-00682 (N.D. Ill Mar.
JD Supra Law
JUNE 30, 2022
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a home inspector association on a false advertising claim brought by a competitor, finding no evidence of injury or harm and explaining that harm could not be presumed merely from the fact that the parties compete for members.
43(B)log
OCTOBER 25, 2021
That’s kind of the point of false advertising law generally, and certainly the “Made in the USA” cases make clear that deviation from what you were promised as part of the bargain is a potential cause of economic loss. california consumer protection false advertising
43(B)log
FEBRUARY 9, 2022
In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he copyright false advertising
43(B)log
NOVEMBER 19, 2021
To borrow a metaphor that could have been written for this case, the producer’s advertising in the United States is a “complete fraud from bark to core.” false advertisingDalian Meisen Woodworking Co v. United States, 2021 WL 5371406, No. 20-00109 (Ct. Int’l Trade Nov.
43(B)log
SEPTEMBER 28, 2021
Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition. And Entrepreneur alleged that “but for” defendants’ false advertising, consumers would not have been misled and diverted away from Entrepreneur.
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. antitrust false advertising privacyKlein v. Facebook, Inc., 2022 WL 141561, No.
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. false advertising trademark
43(B)log
OCTOBER 11, 2021
Certified alleged Lanham Act false advertising based on allegations that the Clorox defendants and Avicenna engaged in a scheme to falsely advertise the source of chicken collagen used in dietary supplements sold to retail consumers. false advertising remedies
43(B)log
OCTOBER 4, 2021
False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” dastar false advertising trademarkLStar Development Gp.,
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). In context, there wasn’t a false comparative ad. Quidel Corp.
43(B)log
SEPTEMBER 16, 2021
Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). Thus, these statements were false. Neo4j, Inc.
JD Supra Law
MAY 16, 2022
When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion. For a consumer, the words "Fresh. Local. Quality."
43(B)log
SEPTEMBER 21, 2021
Plaintiffs cite, and the Court has found, no case holding that a plaintiff can state a claim under Section 349 or 350 where the defendant neither knew nor could have known that its commercial acts or practices were false.” [A contracts false advertising
43(B)log
AUGUST 12, 2021
Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” false advertising remedies
JD Supra Law
MARCH 31, 2022
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant baker’s motions for judgment as a matter of law on trade secrets misappropriation and false advertising claims.
43(B)log
SEPTEMBER 29, 2021
The claims are mostly the kind of trade secret/tortious interference claims you’d expect from this setup, and I won’t say much about them, but there is also a false advertising claim about alleged misrepresentations of distributors’ income with Melaleuca. False advertising under the Lanham Act: Failed because It Works didn’t plead that distributors were “consumers” under the Lanham Act. false advertisingIt Works Marketing, Inc. Melaleuca, Inc.,
43(B)log
SEPTEMBER 17, 2021
16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.” In seven consumer reviews quoted in the complaint, the reviewers report that batteries sold by the relevant account did not work or were not as advertised.
43(B)log
SEPTEMBER 28, 2021
Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks. False advertising: Article III standing existed, but not Lanham Act standing. false advertising standing trademark
43(B)log
SEPTEMBER 22, 2021
SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 alleged that Musclegen markets its Genepro protein powder product by falsely claiming it contains 30 grams of protein in a roughly 11.15 It further alleged that Musclegen’s marketing and packaging statement that it contains “medical grade” protein is incorrect, false, and misleading, as no industry or FDA standard exists for “medical grade” protein. SI03, Inc.
43(B)log
SEPTEMBER 9, 2021
I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. false advertising trademark
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