2006 Advertising False Advertising Marketing 
Patently-O
APRIL 17, 2024
by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.
43(B)log
OCTOBER 12, 2021
7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.
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Technology & Marketing Law Blog
JUNE 8, 2024
This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” UGH.
43(B)log
MARCH 14, 2024
11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D.
43(B)log
OCTOBER 6, 2021
American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. But the cases go back and forth on this.]
43(B)log
SEPTEMBER 1, 2021
Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.
43(B)log
AUGUST 18, 2021
were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.
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