43(B)log

FEBRUARY 26, 2024

Among other claims, the AG brought NYGBL Sections 349 and 350 claims against them.

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43(B)log

SEPTEMBER 16, 2021

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. Government. Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

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False Advertising Advertising Advertising Licensing 64

43(B)log

AUGUST 11, 2021

ICC publishes revised I-Codes every three years, and it also publishes custom codes that reflect versions of the codes as adopted by states and local governments (the “Custom Codes”). UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. That’s costly.

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False Advertising Copying Advertising Advertising 83

JD Supra Law

JULY 20, 2023

In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. 1051 et seq.

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False Advertising Advertising Advertising Registration 52

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. sought to send the case to arbitration. The district court disagreed. Warner Bros.

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False Advertising Government Privacy Designs 83

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.

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False Advertising Advertising Advertising Government 71

43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. The government can show either falsity/misleadingness or lack of substantiation to prevail. Also summary judgment for the government.

Government 52

Government Advertising Advertising Social Media 52

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.

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False Advertising Advertising Advertising Trademark 75

43(B)log

SEPTEMBER 26, 2022

The court thought that this wasn’t material, but conflated false advertising and false association (which was plausibly alleged). Zillow arguably presents itself as a resource to consumers when in fact, it is an advertising platform for agents, but that’s true of almost all websites.

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Government Law Advertising Advertising 59

43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

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43(B)log

DECEMBER 1, 2022

Plaintiffs alleged that Mount Carmel engaged in a false advertising campaign aimed at convincing the general public that Dr. Husel, with plaintiffs’ assistance, either harmed or killed up to 35 actively dying patients with excessive pain medication.

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False Advertising Advertising Advertising Government 45

43(B)log

SEPTEMBER 3, 2021

29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, Lanham Act false advertising, and RICO violations. It didn’t like having some of its content on its FB page labeled “false,” out of date, or unreliable.

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False Advertising Marketing Marketing Advertising 59

43(B)log

OCTOBER 11, 2023

27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Tortilla Factory’s Kombucha Dog has approximately 1.25% alcohol by volume and is sold as an alcoholic beverage, with a government-required warning label.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

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Advertising Advertising False Advertising Social Media 40

The TTABlog

AUGUST 12, 2021

Whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a § 43(a) suit for false association and false advertising is governed by the most analogous state law statute of limitations, or instead, by laches. Read comments and post your comment here.

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43(B)log

AUGUST 20, 2021

State law governs how and when pharmacists and health care professionals can and must make generic substitutions. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

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43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL. The court partially granted/denied Nexo’s motion to dismiss.

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False Advertising Ownership Advertising Advertising 59

43(B)log

AUGUST 7, 2023

But Paul Mitchell, they allege, once imported those products into China and registered them with the Chinese government—at a time when Chinese law required that companies test cosmetic imports on animals as a condition of registration. The plaintiffs say they took Paul Mitchell at its word and bought some of those products.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

OCTOBER 11, 2023

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. False advertising: No Lexmark standing for want of proximate cause.

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Licensing False Advertising Advertising Advertising 49

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. For example, in the McNeil v.

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False Advertising Advertising Advertising Designs 72

43(B)log

DECEMBER 19, 2022

Plaintiffs brought claims under California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act against Coinbase and Marden-Kane, Inc., a company hired by Coinbase to design, market, and execute the sweepstakes.

Contracts 59

Contracts False Advertising Advertising Advertising 59

43(B)log

JANUARY 21, 2022

It apparently held that there were “compelling reasons to conclude that claims based on the validity of the Parikh Study—or any other peer-reviewed, non-fraudulent scientific study—are likely ‘non-actionable’ in the context of false advertising.” The claims were plausible under either ONY or the the [governing?]

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False Advertising Advertising Advertising Journalism 64

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos.

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False Advertising Advertising Advertising Litigation 45

43(B)log

AUGUST 5, 2022

reached the point of exasperation, terminated the agreement with Glamour Dolls, and contacted the Federal Government. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

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Advertising Advertising False Advertising Contracts 59

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. The FTC has also issued a proposed Trade Regulation Rule on Impersonation of Government and Businesses that will hopefully help increase enforcement efforts and reduce the number of scams.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.) Chapter 93A).

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Marketing Marketing Business False Advertising 59

43(B)log

SEPTEMBER 5, 2023

Defendant SBC sent a ninety-page document titled “Design Manual” to at least six prospective clients, including the statement: “These patented methods have now been tested and qualified for use on projects in accordance with governing building codes (AISC 341).” It claimed a “[p]roduce capacity of over 5000 BRBs per year.”

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False Advertising Law Advertising Advertising 59

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

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False Advertising Law Advertising Advertising 59

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

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False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Breach of Warranty The warranty statutes “govern the sale of ‘goods.’ ” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement.

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False Advertising Litigation Law Advertising 93

The IP Law Blog

OCTOBER 27, 2022

This case is a strong reminder to pay close attention to all procedural rules governing a case, including specifically all Local Rules of the District and any Scheduling Orders and/or Standing Orders issued by the Judge. Thus, the Court summarily denied the motion to dismiss.

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False Advertising Patent Advertising Advertising 98

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false.

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False Advertising Law Advertising Advertising 59

43(B)log

MARCH 23, 2022

Roughly: Orthodontists accused SDC of falsely advertising its plastic aligners as equivalent to traditional orthodontic treatment.

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43(B)log

FEBRUARY 7, 2022

“Each time they bought a bottle of Poland Spring water, they had a mature claim for false advertising… [A] second sale did not affect whether the first sale was legal or compound the damages from the first sale.” But claims under the consumer protection laws of other states were governed by their timeliness rules, not Connecticut’s.

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False Advertising Advertising Advertising Law 59

43(B)log

FEBRUARY 28, 2022

Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.

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False Advertising Marketing Marketing Branding 64

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

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Fair Use False Advertising Social Media Advertising 69

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. Gerber Prods. 2023 WL 122910, No. 21-cv-09940-JSW (N.D.

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