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

The IP Law Blog

NOVEMBER 4, 2021

Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. For one, New York’s false advertising law provide potential damages of $500 per instance of false advertising.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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. The medical board’s license is its statement even if the doctor is the one who frames it and displays it on their wall.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

OCTOBER 11, 2022

False advertising: Beyond the use of the mark, Boston Suburban allegedly took customer reviews from Boston Carriage and assigned fictitious names to the customers when it copied the reviews onto the “copycat” website. But as a non-exclusive licensee, it couldn’t alone bring a claim of conversion, which requires a right of possession.

False Advertising 83

False Advertising Advertising Advertising Copying 83

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

LexBlog IP

NOVEMBER 4, 2021

.” Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. The suit could have major implications for Apple, as well as other streamers using similar terminology.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

43(B)log

MARCH 21, 2024

15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.

Licensing 114

Licensing Contracts Ownership Litigation 114

43(B)log

SEPTEMBER 16, 2021

Neo4j Enterprise Edition was originally offered under both a paid-for commercial license and the free GNU Affero General Public License, version 3, but Neo4j then replaced that AGPL with a stricter license (the Sweden license), which prohibited the non-paying public from engaging in commercial resale and certain commercial support services.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

AUGUST 9, 2021

The relevant defendants provided coaching services on how to apply for, manage, and rotate merchant accounts, as well as designing and implementing advertisements, and participated in a months-long onboarding process with the main defendants. Defendants argued that they merely licensed legitimate, commercial software for lawful use only.

False Advertising 69

False Advertising Advertising Advertising Designs 69

43(B)log

AUGUST 11, 2021

I]ts primary funding source is the sale and licensing of publications containing its copyrighted works.” UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. It sells I-Codes and Custom Codes through its online store, along with access to additional features through its premiumACCESS tool. “[I]ts

False Advertising 83

False Advertising Copying Advertising Advertising 83

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

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.

False Advertising 59

False Advertising Social Media Advertising Advertising 59

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. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

Licensing 49

Licensing False Advertising Advertising Advertising 49

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

AUGUST 23, 2021

15, 2021) ThermoLife got a significant success in this appeal of the dismissal of its false patent marking, false advertising, and unfair competition claims. And it alleged proximate cause by alleging that its nitrates directly compete with Compound’s falsely advertised VASO6. Compound Solutions, Inc.,

False Advertising 59

False Advertising Advertising Advertising Invention 59

The IP Law Blog

DECEMBER 29, 2023

In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir. 3d 1300 (Fed.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

APRIL 29, 2022

However, Von Berg allegedly sold Nutra-Luxe to Lash HoldCo, LLC without notice or compensation to Hawrych without paying him, at which point Hawrych revoked permissions and licenses that he had granted Defendants for the use of his name, image, and trademark. Thus, the false advertising claim would be dismissed.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

LexBlog IP

DECEMBER 29, 2023

In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. Creager never attempted to license the images or otherwise value them, other than to testify that no amount of money would justify licensing to a competitor for this type of ad.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

OCTOBER 12, 2022

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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. 2023 WL 7390842, No.

False Advertising 71

False Advertising Advertising Advertising Government 71

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., In addition, Jeong alleged that Nexo violated the unlawful prong of the UCL by offering loans in California despite lacking a California Finance Lender (CFL) License.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

SEPTEMBER 14, 2021

I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. ICON counterclaimed that Peloton has made false claims in advertisements regarding its status as an innovator and as a tech company, e.g., that it was a “very hardcore technology company. These claims did survive.

Music 59

Music False Advertising Advertising Advertising 59

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.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. This also got rid of the breach of contract claim, which was based on the alleged trademark infringement and false advertising.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

APRIL 29, 2024

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising claims. The complaint didn’t allege how his position in the marketplace was harmed in any way; he even alleged that he “does not license his photos for any commercial purpose, does not sell copies of his photos, and his photos are unpublished.”

Copying 64

Copying False Advertising Social Media Advertising 64

Patently-O

FEBRUARY 12, 2023

But, modeling agreements also regularly include limited licenses regarding how (and for how long) the images will be used. 1125(a)(1) for misrepresentation of sponsorship (False Advertising + False Association). In Gibson , the plaintiffs have sued under both the Lanham Act and N.C.

Privacy 117

Privacy False Advertising Advertising Advertising 117

43(B)log

SEPTEMBER 22, 2021

Ignoring entity shifts: De Simone used to license a probiotic formula to Alfasigma, which continues to make a probiotic under the same trademark, VSL#3, but now with a different formulation. The parties have been fighting for a while. Now De Simone’s entities compete with Alfasigma.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Her experience also includes representing trademark owners in opposition and cancellation proceedings before the Trademark Trial and Appeal Board; counseling clients on clearance, prosecution, false advertising, and enforcement of trademarks and copyrights; and counseling on domain name issues and intellectual property license agreements.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

DECEMBER 1, 2022

Whether GSK engaged in a deceptive practice or false advertising was “well within the conventional experience of judges and only indirectly involves technical matters regarding vaccine efficacy which are within the ambit of the agency’s expertise.”

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

AUGUST 5, 2022

To say we are disappointed by the events that transpired as a result of this license is an understatement. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59