43(B)log

OCTOBER 18, 2024

The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Thus, plaintiff couldn’t show falsity for false designation of origin/false advertising. The other defendants, Hollandia, Heritage, and Saputo, supplied products to MGDH.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising. WhenU (2d Cir. 1-800 Contacts v.

Trademark 111

Trademark Advertising Advertising Blogging 111

43(B)log

FEBRUARY 14, 2025

Joel Cape opened his law firm in 2013 under the trade name Law Firm of Joel E. CLP allegedly launched a Google advertising campaign using the mark CAPE LAW FIRM. Right of publicity: Cape seems like a generic word that wouldnt itself violate the right of publicity even if there were a successful trademark/false advertising claim.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

OCTOBER 1, 2021

Whole Foods allegedly used and continued to use a photograph of this event in its advertising materials “to show Defendants’ purported commitment to local farms and giving back to the local community.” False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

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

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. Cases about false advertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In

False Advertising 59

False Advertising Artwork IP Advertising 59

43(B)log

FEBRUARY 26, 2024

US News began publishing a specialty ranking of online master’s degrees in education in 2013, when USC Rosier’s online Master of Arts in Teaching program ranked #44. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

DECEMBER 29, 2022

“The central issue in this case is whether Circle K’s discount advertisements misled customers into believing that the multi-pack discount applied to purchases of cartons.” But these variations were not material to “the central issue of whether purchasers of cartons received the multi-pack discount that was advertised.

Advertising 59

Advertising Advertising False Advertising Law 59

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. Around 2013, MaxRelief also made “Australia’s # 1” claims through its website, Twitter, and YouTube accounts. MaxRelief used to surce pain relief spray products in Australia from a non-party, but stopped in 2014.

Television 56

Television Social Media Advertising Advertising 56

43(B)log

OCTOBER 7, 2021

The feud included Fulda’s purchase of AuthenticWatches.online as an internet domain; filing of a trademark application for AuthenticWatches.com; and creation of an Amazon.com storefront using the name “AuthenticWatches.com” advertising watches with a link to AuthenticWatches.online. Unsurprisingly, that triggered a federal lawsuit.

Litigation 59

Litigation Advertising Advertising Marketing 59

43(B)log

JULY 1, 2024

The relevant case law does not support LTL’s argument that the only way it can combat Dr. Moline’s public statements is by suing her for trade libel, fraud, or false advertising.” Cornerstone Therapeutics, Inc., 3d 490, 496 (2d Cir. Query: Are there five votes for this proposition on the current Court?)

Journalism 64

Journalism False Advertising Publishing Litigation 64

43(B)log

JANUARY 13, 2023

2013), stated that “[t]he legislature’s decision to prohibit a particular misleading advertising practice is evidence that the legislature has deemed that the practice constitutes a ‘material’ misrepresentation, and courts must defer to that determination.” Kohl’s Corp. , 3d 1098 (9th Cir.

Law 45

Law Advertising Advertising Government 45

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

FEBRUARY 14, 2025

The four images in dispute were posted on defendants Facebook page between August, 2013, and November, 2015. In fact, the purpose of the posts as advertisements for Club Alex indicates that they were meant to be circulated, not hidden, and plaintiffs offer nothing to rebut that inference. Plaintiffs sued in 2021.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

AUGUST 18, 2022

The district court certified a class of those who purchased the coffeemaker at a New Mexico Wal-Mart store from 2009 to 2013, approximately 40,600 members. The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

MARCH 22, 2023

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. In 2013, Usana increased the Vitamin D and Iodine content in its supplements and rebranded to focus on these additions.

Editing 59

Editing False Advertising Social Media Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

from Santa Clara University School of Law in 2013, his Ph.D. 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. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Indiana Intellectual Property Law

MARCH 17, 2023

Roller Ready was founded in 2013 by a group of entrepreneurs who identified a need for a more efficient and effective way to clean paint rollers. Roller Ready, LLC is a company that manufactures and sells rollers for various purposes, including painting, cleaning, and home improvement projects.

Business 40

Business Marketing Marketing Branding 40

43(B)log

APRIL 12, 2024

Between 2013 and 2020, there were 1,573,400 phone calls between defendants and California students. Instead, they promoted a substantial number of repeat offenders who made relevant statements in at least half of their monitored calls, which encouraged further noncompliance.

False Advertising 59

False Advertising Law Reporting Marketing 59

43(B)log

OCTOBER 24, 2023

In 2013, Marshall and Harris posted a video to YouTube.com titled “Jade — Continuum,” which included vintage footage of Jade, including Reed, from the 1990s, and promotional material for a new recording featuring Holloway under the name “JADE.” In 1995, Harris decided to stop performing with Jade, and the members pursued individual careers.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

APRIL 2, 2025

But a price is not a juxtaposition with a putative former/regular price as evidenced by the fact that legislatures around the country bar specifically false advertising relating to sales. 2013) (citing Dhruv Grewal & Larry D. Compeau, Comparative Price Advertising: Informative or Deceptive?, 3d 1163 (C.D. Kohls Corp.,

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JANUARY 10, 2025

Questions of who prepared the underlying data, what caused the errors, and whether a defendant knew the statements were false at the time, are of no moment to the question of falsity. But the court wasnt sure that such supplemental outreach constituted commercial advertising or promotion; there was a factual question on that for a jury.

False Advertising 52

False Advertising Advertising Advertising Journalism 52