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

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. It may have been reasonable for it to assume the bags’ marketability.”

False Advertising 59

False Advertising Advertising Advertising Social Media 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. In light of the size of the food market, that’s a bit hard to credit. 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

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 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

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

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

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 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

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 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. Meticulous Market Research Pvt. Ltd and Indian Performing Rights Society Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

SEPTEMBER 20, 2021

Lanham Act claim: The recall was not “commercial advertising or promotion.” 2012), was not to the contrary. It then sent a “recall notice” to 110,000 convenience stores and truck stops, without specifying which “6 Hour Shot” was covered or mentioning that there were multiple such products on the market. 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” But: “Famous trademark holders use their marks to brand and market all sorts of goods—some of which are artistic in nature….

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 21, 2022

Defendants fundamentally argued that federal law dictated that “labels which indicate that products which only have been processed in the United States can be labeled as a United States product, regardless whether these labels are false or misleading.” Nazzaro, 2012 U.S. She challenged both use of a “U.S.D.A. The court disagreed.

Advertising 59

Advertising Advertising False Advertising Government 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