43(B)log

SEPTEMBER 20, 2021

But that meant that “it was Pictsweet’s own recall that communicated to its consumers false and disparaging information about Pictsweet’s products, not CRF’s recall. Lanham Act claim: The recall was not “commercial advertising or promotion.” 2012), was not to the contrary. Innovation Ventures, LLC v. 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 1, 2021

In 2012, they allegedly signed a contract committing to purchase $573,000 in basil from plaintiffs per year, and then Whole Foods gave plaintiffs a “local producer loan” to buy greenhouse equipment, presenting them with an oversized check for $100,000 at the opening of a Whole Foods in Del Mar, California.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

AUGUST 7, 2023

Read together and taken as true, these allegations plausibly suggest that Paul Mitchell tested some of its cosmetic products on animals and that its contrary “cruelty-free” advertising misled reasonable consumers. Maybe there’s another explanation, like nonenforcement, but that didn’t defeat plausibility.

Marketing 52

Marketing Marketing False Advertising Advertising 52

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 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%. Thus, the district court did not err by declining to instruct the jury on the safe harbor provision.

Law 59

Law Advertising Advertising False Advertising 59

43(B)log

JUNE 16, 2022

Although members of the public are able to enter for chances to win prizes without paying money, Omaze advertises increased opportunities to win in exchange for larger donations.” Plaintiffs understandably also alleged that this was just an illegal lottery, and it sure has a lottery stench. Thus there was no misrepresentation-based claim.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

Since 2012, Gema has been a part of the global Graco Group , an internationally leading manufacture of liquid conveyance systems and components. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012. Indianapolis, Indiana – The Plaintiff, Gema USA , Inc.

Trademark 40

Trademark False Advertising Patent Registration 40

43(B)log

NOVEMBER 11, 2022

8, 2022) Plaintiffs claimed that Huggies Snug and Dry diapers were falsely advertised as safe/not harsh for babies, but their son developed “severe and persistent rashes, lesions, blistering, and what appeared to be chemical burns on his skin” under the diaper. Kimberly-Clark Corp., 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D.

False Advertising 45

False Advertising Advertising Advertising Law 45

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

NOVEMBER 28, 2022

23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

LexBlog IP

SEPTEMBER 14, 2022

The Federal Trade Commission’s (FTC) Green Guides , most recently updated in 2012, aim to ensure that environmental claims are truthful, substantiated, and not confusing to consumers. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims.

Marketing 52

Marketing Marketing Advertising Advertising 52

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

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. from Catholic University of America Columbus School of Law in 2012 and his B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

DECEMBER 1, 2022

Second, of course, confusing and explicitly misleading are two very different things—even “fraudulent” and explicitly misleading are two very different things, which is one reason that Lanham Act false advertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

Advertising 59

Advertising Advertising False Advertising Government 59

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. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 28, 2025

26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. 3d 1266 (2012) (sports art), and Louis Vuitton Malletier S. Netflix, Inc., MCA Records, Inc.,

False Advertising 52

False Advertising Social Media Television Art 52