43(B)log

NOVEMBER 19, 2021

Plaintiff alleged that the potential purchasing public was homeowners under contract with it in Lincoln and Deschutes Counties, because that was where the calls with allegedly false claims went, but didn’t explain why that was the market and not also two other counties where plaintiff alleged similar homes were located. In Grubbs v.

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

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Branding 105

Branding Branding Brands Personality Rights 105

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

JULY 5, 2023

The district court granted defendants’ motion to dismiss on the ground that the complaint didn’t allege that defendants had made false representations about the character or quality of the garments that plaintiff bought, which the district court understood to be essential under the state supreme court’s decision in Pearson v. 3d 3 (2015).

False Advertising 72

False Advertising Advertising Advertising Marketing 72

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 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. Intent was neutral.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. program, but not from its less-competitive EdD program (which was offered online after 2015).

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. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

MAY 10, 2024

According to Plaintiffs, “[a]s of 2015, an estimated 7.3 This does not seem to me—as someone who has indeed been in the general market for this type of product—to be a description of reasonable consumers of specialized medical services, who tend to outsource a lot of the details to presumed experts.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

NOVEMBER 8, 2021

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. This evidence of lost market share was sufficient to get to a factfinder.

Patent 45

Patent Advertising Advertising Licensing 45

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. The audience was in a position to “influence” a “potential buyer” of Libervant by investing in Aquestive to help ensure that company brought Libervant to market before other competing drugs, like Valtoco.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

JULY 15, 2022

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing False Advertising 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. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

AUGUST 7, 2023

It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. asserting that CCDH’s reports were “baseless,” “false or misleading,” and not supported by proper research techniques. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

JANUARY 2, 2025

25, 2024) This interesting lawsuit relies on Targets curatorial reputation for the false advertising claim. Given this broader Target marketing landscape, plaintiffs were entitled to more expansive inferences about reasonable consumers. [W]hile Target Corp., 3d -, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. 3d 1331 (11th Cir.

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. It’s now hard to sort through the market to get a good one.

Designs 59

Designs Design Law Design Patent 59

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64