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

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

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 claims as to “Made in USA”: First, J-B Weld argued that Illinois Tool lacked standing because it didn’t advertise its own products as being “Made in USA.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

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). Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. January 6, 2015. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 40

Trademark False Advertising Patent Registration 40

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

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint.

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

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. But they don’t specify what constitutes a “violation,” which is decided on a case-by-case basis.

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. Target allegedly designed and describes the Target Clean program as a shopping assistant for health-conscious consumers. Target Corp., 3d -, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. 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. Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. but helpful to research.

Design 59

Design Designs Law Design Patent 59