43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v. Entertainment Pvt.

Brands 105

Brands Branding Branding Personality Rights 105

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2015: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

APRIL 29, 2024

2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.” False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. So the fact that J-B Weld had low sales in 2015 is not an excuse for delaying, but rather a reason why Illinois Tool should have acted then.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

JULY 5, 2023

State law bars, among other things, false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions and advertising price comparisons without conspicuously identifying the origin of the price the seller is comparing to the current price. 3d 3 (2015). Philip Morris, Inc.,

False Advertising 72

False Advertising Advertising Advertising Marketing 72

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.

False Advertising 59

False Advertising Artwork IP Advertising 59

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. 2015) (cleaned up). 2015) (cleaned up). Superior Court, 9 Cal.5th

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 22, 2021

A jury found the VSL parties liable for false advertising and unjust enrichment, basically for advertising that the formula was still the same, and awarded over $17 million in damages. Now De Simone’s entities compete with Alfasigma. Defendants argued that, under In re GNC Corp., 3d 505 (4th Cir. The district court disagreed.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false. UpCodes Inc., 4th - (2d Cir.

False Advertising 45

False Advertising Law Advertising Advertising 45

43(B)log

FEBRUARY 7, 2022

But Nestlé pointed to no evidence that plaintiffs knew about the controversy before 2015, creating a genuine dispute about what they knew or should have known. Nestlé then argued that, because this controversy has been in the news since 2003, the plaintiffs have been on “inquiry notice” of their claims for years.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

False Advertising 45

False Advertising Advertising Advertising Privacy 45

43(B)log

FEBRUARY 26, 2024

program, but not from its less-competitive EdD program (which was offered online after 2015). USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading. to 10.5%), and its ranking rose 16 places (from #38 to #22).

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. So the burden falls to Princeton to show that its exclusion is valid.” Princeton Excess & Surplus Lines Ins.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

SEPTEMBER 11, 2023

In 2015, the crown mark was registered. Meanwhile, Rex Exchange, founded in 2015, offers an online platform for homeowners and homebuyers to transact the sale of single-family homes. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims.

Advertising 69

Advertising Advertising Marketing Marketing 69

Indiana Intellectual Property Law

DECEMBER 23, 2022

January 6, 2015. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). Registration Date. OPTISELECT. May 16, 2017. September 14, 2004. April 29, 2008. April 9, 2019.

Trademark 40

Trademark False Advertising Patent Registration 40

43(B)log

MAY 10, 2024

According to Plaintiffs, “[a]s of 2015, an estimated 7.3 Abbott Laboratories, No. 22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. And indeed, Defendants’ products are a specialty item targeted to a class of informed consumers to aid in their attempts to become pregnant. million women had received some sort of infertility service[.]”

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE Between 2015-2019, its website identified 14 patents as “protect[ed]” by the logo, though in 2019 it modified the site to include a table purporting to demonstrate which of ThermoLife’s patents were practiced by ThermoLife’s licensees.

Patent 45

Patent Advertising Advertising Licensing 45

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

JULY 15, 2022

In addition, the jury reasonably (if just barely) could have found that Core Health began to manufacture Max Racks after the agreement expired in November 2015.” Payment of the profits on those units reduced Core’s monetary liability, but not the violation. “In But the evidence of this was “relatively insubstantial.”

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. But Aquestive’s petitioning activity was protected conduct under the anti-SLAPP statute, and Neurelis didn’t show a likelihood of prevailing on the merits on that, including the malicious prosecution claim in its entirety.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

SEPTEMBER 20, 2022

In 2015, FDA issued a warning letter to Kind about its “healthy and tasty” claims, stating that the language was an “implied nutrient content claim” and that certain KIND products did not meet the FDA’s saturated fat content requirements necessary to describe food as “healthy.”

Litigation 59

Litigation Contracts False Advertising Reporting 59

Technology & Marketing Law Blog

JULY 25, 2021

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. lululemon sought summary judgment.

Advertising 111

Advertising Advertising Settlement Trademark 111

LexBlog IP

AUGUST 7, 2023

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

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

JANUARY 2, 2025

25, 2024) This interesting lawsuit relies on Targets curatorial reputation for the false advertising claim. 2015), rejected the claim that Alabamas statutory ban on class action formation under the ADPTA implicated any substantive right (against deceptive conduct) as a matter of federal law. Target Corp., Allstate Insurance Co.,

False Advertising 52

False Advertising Law Advertising Advertising 52

43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design. Porn/adult film, sex therapy, and nudist resorts also missing.

Designs 59

Designs Design Law Design Patent 59

43(B)log

FEBRUARY 28, 2022

Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.

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False Advertising Marketing Marketing Branding 64