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.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

False Advertising 40

False Advertising Confidentiality Settlement Contracts 40

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

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

DECEMBER 16, 2022

The court of appeals remanded on whether State Farm had any duty to indemnify AIM for a settlement paid to resolve the underlying lawsuit. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

43(B)log

DECEMBER 22, 2023

20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. The global class action settlement created a $10.5 million common fund, and the parties jointly moved the court to approve.

False Advertising 59

False Advertising Advertising Advertising Settlement 59

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 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.

Advertising 102

Advertising Advertising False Advertising Trademark 102

The IPKat

MARCH 7, 2024

Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R. Unfortunately, some of these disputes ended in out-of-court settlements, leaving the circular economy market without clear judicial guidance. The analysis concludes with a review of recent US cases.

Intellectual Property 57

Intellectual Property False Advertising Settlement Editing 57

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

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.

Settlement 118

Settlement Advertising Advertising Marketing 118

LexBlog IP

MARCH 17, 2024

Rule 68 of the Federal Rules of Civil Procedure is structured to motivate defendants to make settlement offers. Defendant Diamond Distribution then sued Crocs for defamation, false advertising, and related state torts. If you receive a Rule 68 judgment, be careful how you crow about it. Crocs moved to dismiss.

False Advertising 52

False Advertising Settlement Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 30, 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 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

JANUARY 8, 2024

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.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

DECEMBER 19, 2021

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

FEBRUARY 16, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

IP 126

IP Advertising Advertising Trademark Law 126

Technology & Marketing Law Blog

JULY 26, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 98

Trademark Advertising Advertising Litigation 98

43(B)log

SEPTEMBER 7, 2021

accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

Technology & Marketing Law Blog

JULY 25, 2021

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 105

Advertising Advertising Settlement Trademark 105

Technology & Marketing Law Blog

MARCH 13, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

AUGUST 17, 2021

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 105

Advertising Advertising Trademark Settlement 105

LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

FEBRUARY 9, 2022

He claims that Glock entered into settlements with confidentiality provisions with those who sued over the defect, to prevent the public from learning about it. The defect allegedly could damage brass casings, rendering them useless when they are usually reusable.

False Advertising 59

False Advertising Advertising Advertising Confidentiality 59

43(B)log

JUNE 16, 2022

A January 2020 settlement agreement with the California Attorney General required Omaze to modify its website to more prominently advertise the opportunity to enter sweepstakes for free, though plaintiffs alleged that Omaze has violated the agreement. Multiple state AGs have, again understandably, investigated and settled with Omaze.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

APRIL 29, 2022

Though it’s true that damages and restitution are different remedies, the specific language and structure of the law counseled in favor of reading “damages” capaciously, including the statute’s goal to “facilitate precomplaint settlements of consumer actions wherever possible.” “If And injunctive relief under the CLRA was appropriate.

False Advertising 45

False Advertising Advertising Advertising Settlement 45

43(B)log

DECEMBER 28, 2022

The court rejected New Balance’s reliance on a prior settlement in Dashnaw v. For shoes purchased in person at brick-and-mortar stores, likewise, the disclaimer was plausibly too ambiguous to be understood or not sufficiently prominent to be seen. New Balance Athletics, Inc., 2019 WL 3413444 (S.D.

Advertising 72

Advertising Advertising Settlement False Advertising 72

Technology & Marketing Law Blog

MAY 22, 2023

May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v.

Advertising 107

Advertising Advertising False Advertising Trademark 107

LexBlog IP

FEBRUARY 20, 2023

.” The agency stated in a press release that “boosting your products by hijacking another product’s ratings or reviews is a relatively new tactic, but is still plain old false advertising.” Let’s be clear – this was not necessarily “plain old false advertising.”

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. But DNP isn’t actually licensed to practice law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

APRIL 17, 2023

Interestingly, after the sj motions were briefed, defendants made a settlement offer that would have waived all claims to attorneys’ fees, which expressed confidence that they would prevail and be entitled to such fees, which the court labeled “prescient.”

False Advertising 59

False Advertising Litigation Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 29, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 106

Trademark Advertising Advertising Settlement 106

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 98

Advertising Advertising Trademark Settlement 98

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. We expect state AGs to continue to scrutinize the effects of advertising and media, including social media, on minors.

Social Media 52

Social Media Privacy Advertising Advertising 52