43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.

False Advertising 64

False Advertising Marketing Marketing Advertising 64

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

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. In 2016, it even commissioned a survey asking customers whether they preferred “J-B Weld Ultimate Black” or Illinois Tool’s “Permatex Ultra Black.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

FEBRUARY 14, 2025

Cape, PLC, but shifted in 2016 to Cape Law Firm, PLC. 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

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

Technology & Marketing Law Blog

JUNE 23, 2024

The green “upgrade now” button plays a key role in the court’s latest analysis: Enigma sued Malwarebytes for its classifications in 2016, back when Obama was still president. After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising.

Law 59

Law False Advertising Advertising Advertising 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 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain had approximately $25 million in Central Valley sales in 2016. Jain is Netafim’s largest competitor.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

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. The court of appeals agreed, but noted that (2) was overbroad for that objective.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JUNE 18, 2023

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” This case involves two anti-threat software vendors, Enigma and Malwarebytes.

Blogging 105

Blogging False Advertising Litigation Marketing 105

43(B)log

DECEMBER 30, 2022

Plaintiffs demand that the Jets and the Giants remove all references to New York from their names, logos, and advertising, and pay damages to those they deceived. It is “well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer.”

False Advertising 59

False Advertising Advertising Advertising Art 59

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs).

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 14, 2025

Toyota argued that if Allen plans to argue that the Toyota Branded Parts it sells are covered by some type of Manufacturer Warranty as advertised to the consuming public, Toyota is entitled to know what warranties, if any, are offered by Allens suppliers. but without a resultant detectable difference in the product itself.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions.

Advertising 52

Advertising Advertising False Advertising Law 52

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. numerosity).

Advertising 59

Advertising Advertising False Advertising Law 59

43(B)log

SEPTEMBER 30, 2021

Sanderson continues to use and defend the use of antibiotics, but advertised its chicken products as “100% Natural” and ran advertisements stating that there were “[n]o antibiotics to worry about here.” The groups sued under the UCL and FAL.”To By contrast, merely continuing ongoing activities does not satisfy this requirement.

Advertising 45

Advertising Advertising Litigation Blogging 45

43(B)log

NOVEMBER 28, 2022

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. 330 (2016), and TransUnion.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. Citing, among others, Enigma Software Grp. USA, LLC v. Bleeping Comput. LLC, 194 F.

Advertising 40

Advertising Advertising Editing Litigation 40

Shades of Gray

NOVEMBER 2, 2016

On October 24, 2016, the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in extending Octane ’s holding to a trademark fee application. [2]. The Third Circuit was the first to apply Octane in a trademark action, followed by several others, including, most recently, the Ninth Circuit on October 24, 2016. 24, 2016). [3]

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

FEBRUARY 8, 2024

However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At Subway Franchisee Advertising Fund Trust, Ltd., 2018), a reasonable consumer is not “expected to look beyond misleading representations” in one part of an advertisement “to discover the truth.

Music 59

Music Contracts Advertising Advertising 59

43(B)log

AUGUST 31, 2021

The 2016 label references the “coastal hills” of Oregon as an “ideal region to grow” this type of wine. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Design Designs 56

43(B)log

SEPTEMBER 21, 2023

C]ontext is crucial” for a court’s determination of “whether a reasonable consumer would have been misled by a particular advertisement.” 3d 958, 965 (9th Cir. Does the addition of “significant portion of the general consuming public” change things? Starbucks argued that its names accurately described the flavors, not the ingredients. “[C]ontext

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

SEPTEMBER 1, 2021

Plaintiffs argued, in essence: “1) Ford advertised all Shelbys as track-capable, the advertising induced Plaintiffs to purchase the car, and then the car did not perform as advertised. It advertised the entire Shelby lineup as “track-ready” and “track-capable.” Ford argued that its ads were puffery.

Advertising 45

Advertising Advertising Technology Reporting 45

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

JULY 15, 2022

The court went out of its way to say that plenty of uses of “Max Rack” would have been fine, such as in comparative advertising or in claims that the Freedom Rack was identical to the Max Rack, or even that “Core Health used to make the Max Rack for Max Rack, Inc.” But the actual references weren’t procompetitive, unlike those hypotheticals.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

JANUARY 16, 2024

Second, Unilever’s evidence that “from 2016 to 2022, there were zero complaints from California consumers concerning the empty space in the products at issue” was “highly relevant,” and it wasn’t hard to discover given that all four plaintiffs became suspicious because Unilever’s sticks seemed top-heavy.

Marketing 59

Marketing Marketing Law Reporting 59

43(B)log

SEPTEMBER 21, 2021

The Tanbook was advertised and available for sale to the general public, including through Matthew Bender’s website and a public, online shopping service.

Editing 45

Editing Contracts Copying Law 45

43(B)log

NOVEMBER 19, 2021

Meanwhile, Aquestive’s Libervant obtained orphan drug designation in 2016. 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. The parties discussed potential partnership in 2017 and 2018, but the discussions didn’t go well.

Design 56

Design Designs Patent Prosecution Art 56

43(B)log

MARCH 20, 2023

In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect.” Research and debate continued about the causes of poor response.

Law 45

Law Advertising Advertising Journalism 45

43(B)log

FEBRUARY 24, 2024

I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. NYU Press, 2016). Fagundes wrote follow-up article suggesting that system was breaking down. That’s the Amazon effect!

Fair Use 45

Fair Use Brands Branding Branding 45

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 2016); Nat’l Numismatic Certification, LLC v. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.”

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

Trademark 105

Trademark Advertising Advertising False Advertising 105

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 2, 2025

3:15-cv-1204-GPC-WVG, 2016 WL 3348818 (S.D. June 16, 2016); Boris v. 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. Millercoors LLC, No. Wal-Mart Stores, Inc., 3d 1163 (C.D.

False Advertising 52

False Advertising Advertising Advertising Law 52