2011, False Advertising and Marketing - Intellectual Property Pulse

False advertising-based antitrust claims against Facebook survive motion to dismiss

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

False Advertising Advertising Advertising Privacy

Kentucky bourbon distilled in Indiana?

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising

False Advertising Advertising Advertising Marketing

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. lululemon appeared first on Technology & Marketing Law Blog. Reyes & Adler v.

Advertising

Advertising Advertising Settlement Trademark

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

AUGUST 30, 2023

This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. LoanStreet v.

Advertising

Advertising Advertising False Advertising Trademark

Gerber's Good Start troubles continue

43(B)log

MARCH 29, 2024

Further, internal communications showed that Gerber actively endeavored to make an allergy claim with these ads: Gerber asked its advertisers in a “communications brief” to “[c]reate a strong link between GSG. Gerber’s marketing team described “being challenged to find ways to push the envelope with bringing the allergy message forward.”

False Advertising

False Advertising Advertising Advertising Reporting

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Branding

Branding Branding Brands Personality Rights

gold buyer's "up to 90%" payment claims were plausibly misleading

43(B)log

SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. The Today Show received the highest offer from Defendant, which offered 90% of market value. The Today Show received the highest offer from Defendant, which offered 90% of market value.

False Advertising

False Advertising Advertising Advertising Television

Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

OCTOBER 9, 2024

Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. LoanStreet v. Reyes & Adler v.

Advertising

Advertising Advertising Trademark False Advertising

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

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. In light of the size of the food market, that’s a bit hard to credit. So, did Industria satisfy Lexmark ?

False Advertising

False Advertising Advertising Advertising Registration

"One a Day" plausibly misleads when consumers need to take more than one to get full benefit

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. The interpretation “one serving a day,” by contrast, was “a stretch.” “An

Branding

Branding Branding Brands Marketing

Real Real Not So “Real” Chanel, Inc. The luxury fashion And clothing brand

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.

Branding

Branding Branding Brands False Advertising

RealReal Not So “Real”

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

False Advertising Branding Branding Brands

Overreaching and delay lead to defeat of TM owner's claims

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

Cease and Desist False Advertising Registration Licensing

"The usual California claims"

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. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig.

False Advertising

False Advertising Advertising Advertising Business

False endorsement remains broader than many state ROP laws

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.” 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.

Law

Law Privacy False Advertising Social Media

9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

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

Law Advertising Advertising False Advertising

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Netscape and 2011 Network Automation cases modified it. Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. Luxy appeared first on Technology & Marketing Law Blog.

Advertising

Advertising Advertising Trademark Settlement

Cal. retains over $300 million in civil penalties against J&J on appeal

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. So too with its marketing communications to doctors and patients.

Advertising

Advertising Advertising Marketing Marketing

Intellectual Property Pulse

False advertising-based antitrust claims against Facebook survive motion to dismiss

Kentucky bourbon distilled in Indiana?

Trending Sources

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Gerber's Good Start troubles continue

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

gold buyer's "up to 90%" payment claims were plausibly misleading

Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

"One a Day" plausibly misleads when consumers need to take more than one to get full benefit

Real Real Not So “Real” Chanel, Inc. The luxury fashion And clothing brand

RealReal Not So “Real”

Overreaching and delay lead to defeat of TM owner's claims

"The usual California claims"

False endorsement remains broader than many state ROP laws

9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Cal. retains over $300 million in civil penalties against J&J on appeal

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