43(B)log

JANUARY 18, 2023

In 2010, the FDA issued a warning to a different food and beverage company, stating that its products were mislabeled “in that they contain the chemical preservative[s] ascorbic acid and citric acid but their labels fail to declare these preservatives with a description of their functions.”

Marketing 106

Marketing Marketing False Advertising Advertising 106

43(B)log

FEBRUARY 26, 2024

From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% News and World Report’s 2010 edition of America’s Best Graduate Schools.” As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Microsoft Corp., 2021 WL 6750789, No. 20-60416-CIV-CANNON/Hunt (S.D.

False Advertising 59

False Advertising Advertising Advertising IP 59

43(B)log

JULY 3, 2023

Prior import plans in 2010-11 were paused. The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. Its cancellation petition for Zenú has been suspended during this litigation.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. 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

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. The trial court also properly instructed the jury to limit its analysis to the packaging.

Law 59

Law Advertising Advertising False Advertising 59

43(B)log

OCTOBER 6, 2021

It had applied for trademarks for dolls named “Luciana” and “Princess Luciana” between 2006 and 2010, and its partner Mattel has long produced and sold space-themed dolls and accessories, including “Astronaut Barbie” in 1986. Not to mention that “dilution” is not the same thing as false endorsement!

Law 59

Law Privacy False Advertising Social Media 59

SpicyIP

DECEMBER 30, 2023

These guidelines target practices such as false urgency, basket sneaking, subscription traps, confirm shaming, forced actions, nagging, interface interference, bait and switch, hidden costs, and disguised ads. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning.

Law 45

Law Advertising Advertising Journalism 45

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

DECEMBER 18, 2024

After the first Oracle lawsuit in 2010, the court found that Rimini infringed Oracles copyrights by engaging in cross-use and creating copies of Oracles materials on Riminis computer systems. Rimini Street is a third-party provider and direct competitor with Oracle in the support-services market.

Derivative Work 98

Derivative Work Copying Ownership Licensing 98

43(B)log

FEBRUARY 27, 2025

Pom Wonderful characterized the FDCA as designed primarily to protect the health and safety of the public at large rather than to prevent false advertising. Anyway, as a result, courts have adopted a general presumption that Lanham Act claims pertaining to FDCA-regulated products are permissible and, often, desirable. Irwin, 601 F.3d

Advertising 52

Advertising Advertising False Advertising Marketing 52

43(B)log

JANUARY 2, 2025

25, 2024) This interesting lawsuit relies on Targets curatorial reputation for the false advertising claim. 393 (2010), as applied by the Eleventh Circuit to Alabamas law, Lisk v. Target Corp., 3d -, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. But Rule 23 governs the formation of classes in federal litigation.

False Advertising 52

False Advertising Law Advertising Advertising 52

43(B)log

MARCH 6, 2025

1 (2010) (quoting Guggenheimer v. City of New York v. Smokes-Spirits.com, Inc., 3d 425 (2d Cir. 2008), revd on other grounds sub nom. City of New York, 559 U.S. Ginzburg, 43 N.Y.2d 2d 268, 273 (1977). Reasonable consumers can be less astute than average.

Law 52

Law Government False Advertising Business 52

43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

FEBRUARY 3, 2024

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. A: will be talking to PTO historian; they ended up offering to refund fees to 2010 applicants if they’d abandon them, so may never find out what happened there. Some options are broad: medical services. but helpful to research.

Design 59

Design Designs Law Design Patent 59