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.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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. As for the contributory false advertising claim, it too was well pled. These stamps are thus unquestionably statements of the Defendants.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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.

False Advertising 59

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. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP Watchdog

FEBRUARY 14, 2024

But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

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. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False Advertising 59

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

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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.”

False Advertising 72

False Advertising Advertising Advertising Litigation 72

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

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.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So, is damage to the plaintiff part of the cause of action or no?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 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.

False Advertising 92

False Advertising Litigation Law Advertising 92

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. Mital Patel , Associate, Foley Hoag LLP. Jennifer Yoo, Associate, Foley Hoag LLP.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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.” Despite Doe v. I share the heartbreak.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 85

Advertising Advertising False Advertising Trademark 85

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.

False Advertising 49

False Advertising Advertising Advertising Litigation 49

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….

Law 91

Law Advertising Advertising False Advertising 91

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008. Apple , and Evans v. Apple, Inc.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 2022 WL 4596646 (C.D.

Advertising 102

Advertising Advertising False Advertising Trademark 102

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Its cancellation petition for Zenú has been suspended during this litigation. In light of the size of the food market, that’s a bit hard to credit.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

JULY 26, 2022

You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”

Trademark 98

Trademark Advertising Advertising Litigation 98

43(B)log

SEPTEMBER 5, 2023

Core-Brace alleged both false advertising and false association from the statements in the design manual and related documents. The statement “[p]roduce capacity of over 5000 BRBs per year” was not literally false. Similarity of products/marketing favored Core-Brace, because the parties compete.

False Advertising 59

False Advertising Law Advertising Advertising 59

Indiana Intellectual Property Law

JULY 16, 2021

ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. 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.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. The informal battles total at least three times three.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Bye, Goff * 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…. LoanStreet v. Reyes & Adler v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 86

Blogging False Advertising Litigation Marketing 86

43(B)log

OCTOBER 7, 2021

Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty.

Litigation 59

Litigation Advertising Advertising Marketing 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.)

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” There is a limited regulatory framework around green claims, making it prime for litigation. sustainable).

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

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False Advertising Advertising Advertising Marketing 59