43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. But why would some advertising constitute exercising control while other advertising didn’t? In re Windstream Holdings, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

MARCH 9, 2022

The district court then permanently enjoined defendants from engaging in specified false advertising and denied plaintiffs’ request for attorneys’ fees. “The jury also declined to award the equitable remedy of disgorgement of profits, which had been submitted to the jury with the agreement of all parties.”

False Advertising 52

False Advertising Advertising Advertising Litigation 52

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. ThermoLife Int’l LLC v. BPI Sports, LLC, 2022 WL 612669, No. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

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False Advertising Advertising Advertising Trademark 97

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. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir. weren’t the Defendants’ certifications at all.…

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. The Court granted Defendant’s motion for two reasons. A copy of the Memorandum Opinion is attached.

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False Advertising Advertising Advertising Law 68

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Also, a press release that discussed separate litigation in Italy about who owned VSL#3’s bacterial strains, unfairly compared VSL#3 and Visbiome referred to plaintiffs’ “aggressive efforts to sell their competing, generic probiotic product.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

OCTOBER 9, 2023

Before it prevailed in the underlying patent litigation, Cap Export alleged that defendants disparaged Cap Export and its products as an infringer/infringing. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 and to Amazon. Given the alleged bad faith, this sufficed.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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False Advertising Advertising Advertising Privacy 59

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. 17-md-2785-DDC-TJJ (D. Plaintiff Sanofi failed to show a triable issue of fact on (1), (5), and (6).

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False Advertising Advertising Advertising Marketing 45

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.

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False Advertising Advertising Advertising Patent 45

IP Law 360

SEPTEMBER 19, 2023

Kilpatrick Townsend & Stockton LLP has hired a trademark, false advertising and class action litigation expert as a partner in its New York office.

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False Advertising Trademark Advertising Advertising 52

LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

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Advertising Advertising False Advertising Litigation 52

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. According to CareDx, ‘[u]nder 15 U.S.C.

False Advertising 45

False Advertising Advertising Advertising Copying 45

IP Watchdog

FEBRUARY 14, 2024

The jury awarded Chanel $4 million in statutory damages on Chanel’s claims of trademark infringement, false association, unfair competition, and false advertising related to What Goes Around Comes Around’s (WGACA) reselling and marketing of Chanel products. The plaintiffs prevailed on all claims.

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False Advertising Trademark Branding Brands 72

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

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False Advertising Advertising Advertising Litigation 72

IP Law 360

JANUARY 3, 2023

White & Case LLP has added a Finnegan Henderson Farabow Garrett & Dunner LLP partner who spent over a decade at her prior firm working on trademark, false advertising and other related litigation, the firm announced Tuesday.

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False Advertising Advertising Advertising Litigation 40

43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

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False Advertising Advertising Advertising Ownership 59

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So plaintiff is apparently entitled to disgorgement without ever having shown that it was damaged by the false advertising.

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False Advertising Advertising Advertising Trademark 69

43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. There’s more, including public disputes on Craigslist.

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Fair Use Advertising Advertising False Advertising 64

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.

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False Advertising Contracts Branding Brands 49

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

Technology & Marketing Law Blog

FEBRUARY 12, 2023

It’s a standard litigation dilemma: do you advance every possible claim that is remotely possible, or do you focus the claims on just the strongest ones so you don’t dilute or distract from those with tenuous claims? As it turns out, the court categorically sidesteps 230, so Snapchat ends up litigating each claim anyway.

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False Advertising Litigation Law Advertising 92

43(B)log

MARCH 20, 2023

16, 2023) Lowe sued ShieldMark for (as relevant here) false advertising of its line floor tape. ShieldMark, Inc., 1:19CV00748, 2023 WL 2540296 (N.D. The court granted summary judgment because the accused statements were not falsifiable: 1. Mighty Line Floor Tape’s “[b]eveled edges increase durability for forklift traffic.”

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False Advertising Advertising Advertising Litigation 45

43(B)log

SEPTEMBER 16, 2021

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. Here, however, none of the plaintiffs alleged a desire to “purchase Coke as advertised, that is, free from what they believe to be artificial flavors or preservatives.” II), 2021 WL 3878654, No. 20-15742 (9 th Cir. no preservatives added. no preservatives added.

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43(B)log

OCTOBER 1, 2021

Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on false advertising and caused Kissler to suffer irreparable harm, including loss of business opportunities and harm to its reputation. The court found that Kissler couldn’t show likely success on the merits.

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Advertising Advertising False Advertising Litigation 59

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

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False Advertising Advertising Advertising Licensing 59

BYU Copyright Blog

APRIL 25, 2022

As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.

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False Advertising Copyright Infringement Confidentiality Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. MIP ’s independent research is based on a weighted system of peer and client feedback, combined with a review of information obtained from surveys conducted with law firms and their clients.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

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False Advertising Settlement Contracts Advertising 40

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Wyndham Vacation Ownership, Inc. Sussman, 2021 WL 4948099, No.

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False Advertising Advertising Advertising Contracts 59

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

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Advertising Advertising False Advertising Intellectual Property 59

Technology & Marketing Law Blog

MAY 13, 2023

May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Law Advertising Advertising False Advertising 90

43(B)log

OCTOBER 31, 2022

The litigation privilege did not extend to making baseless claims about infringement. The parties sell “magnetic light strands used to illuminate homes and businesses during the holidays” and related products, such as magnetic clips that convert plastic light sockets to magnetic ones.

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Patent Infringement Patent False Advertising Business 90

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” I share the heartbreak.

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False Advertising Social Media Publishing Advertising 85

Indiana Intellectual Property Law

JULY 16, 2021

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. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C.

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False Advertising Trademark Intellectual Property Advertising 52