43(B)log

SEPTEMBER 14, 2021

From 2011 to the present, Defendant has published various advertisements stating that it is ranked or rated “#1” by the Today Show. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled. That’s a question of fact.

False Advertising 45

False Advertising Advertising Advertising Television 45

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 4th 310, 327 (2011). Superior Court, 9 Cal.5th 5th 642, 651 (2020).

False Advertising 59

False Advertising Advertising Advertising Business 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. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

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.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

Brands 52

Brands Branding Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that: 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

False Advertising 52

False Advertising Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S.

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%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”

Law 59

Law Advertising Advertising False Advertising 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

43(B)log

JANUARY 2, 2024

10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., But, under Mantikas v. Kellogg Co., 3d 633 (2d Cir.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

OCTOBER 6, 2021

In a 2011 presentation, Walkowicz discussed their work on NASA’s Kepler Mission studying the constellation Lyra, including the constellation’s brightest star, called Vega.” I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

Advertising 98

Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

Advertising 98

Advertising Advertising False Advertising Trademark 98

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. It advised that complications were “rare,” but could have “serious consequences.”

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Netscape and 2011 Network Automation cases modified it. Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use? HEY APP STORES–FIX THIS.

Advertising 126

Advertising Advertising Trademark Settlement 126

43(B)log

APRIL 11, 2025

And Med-Aire was displayed in flyers at retailers of Med-Aire products since 2011, at trade shows since 2007, and on websites since at least as early as 2009. Advertising expenditures can also be circumstantial evidence, as can sales. State law false advertising counterclaims also failed for want of public injury.

Trademark 52

Trademark Advertising Advertising False Advertising 52