43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] 4th 135 (2004); cf.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

AUGUST 26, 2024

Restaurants who partner with Grubhub pay it a percentage for “an additional way of generating orders, internet advertising, and a delivery infrastructure.” Plaintiffs alleged that, since its founding (2004), Grubhub only included restaurants on its platform who agreed to appear.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

FEBRUARY 17, 2022

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. But the court held that “the FAQs as a whole do not qualify or dispel the notion that Brenner was the one who discovered NR and that he did so in 2004.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 59

Advertising Advertising False Advertising Public Use 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

September 14, 2004. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). Registration No. Registration Date. OPTISELECT. May 16, 2017. April 29, 2008. April 9, 2019. January 6, 2015.

Trademark 40

Trademark False Advertising Patent Registration 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59