43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. News and World Report’s 2010 edition of America’s Best Graduate Schools.”

Advertising 59

Advertising Advertising False Advertising Marketing 59

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. Prior import plans in 2010-11 were paused. 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

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. Safe Links is part of Microsoft’s anti-phishing and anti-malware Defender package.

False Advertising 59

False Advertising Advertising Advertising IP 59

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.]

Law 59

Law Privacy False Advertising Social Media 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 court also rejected challenges to certain evidentiary rulings at trial.

Law 59

Law Advertising Advertising False Advertising 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. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

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. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

DECEMBER 18, 2024

Rimini Street is a third-party provider and direct competitor with Oracle in the support-services market. 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.

Derivative Work 98

Derivative Work Copying Ownership Licensing 98

43(B)log

FEBRUARY 27, 2025

Ventis also advertised Enduracaine and Endura-KT as comparable to, and replacements for, EXPAREL. It marketed Endura-KT as safe and acceptable for use, advertised that Endura-KT provides an EXTENDED DURATION of pain relief and that it is Quick Onset Long Lasting, Safe, for Pediatric Use, and Cost Effective. Irwin, 601 F.3d

False Advertising 52

False Advertising Advertising Advertising Marketing 52

43(B)log

JANUARY 2, 2025

25, 2024) This interesting lawsuit relies on Targets curatorial reputation for the false advertising claim. Given this broader Target marketing landscape, plaintiffs were entitled to more expansive inferences about reasonable consumers. [W]hile 393 (2010), as applied by the Eleventh Circuit to Alabamas law, Lisk v.

False Advertising 52

False Advertising Law Advertising Advertising 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. Other defendants allegedly used their roles in the standard setting process “to disparage and preclude Geomatrix products from the market.”

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. Eric Johnson: have they been successful in pushing others out of the market?

Design 59

Design Designs Law Design Patent 59