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.

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False Advertising Marketing Marketing Advertising 141

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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

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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.

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False Advertising Advertising Advertising Law 52

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OCTOBER 4, 2021

In 2016, it even commissioned a survey asking customers whether they preferred “J-B Weld Ultimate Black” or Illinois Tool’s “Permatex Ultra Black.” If a defendant slowly comes more directly into competition with the plaintiff, that can be progressive encroachment, but here direct competition existed since at least early 2016.

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False Advertising Advertising Advertising Trademark 69

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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.

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False Advertising Advertising Advertising Blogging 45

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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.

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False Advertising Advertising Advertising Trademark 45

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JULY 3, 2023

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. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Summary judgment for Latinfood.

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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.

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Law False Advertising Advertising Advertising 59

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.

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Blogging False Advertising Litigation Marketing 105

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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).

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DECEMBER 30, 2022

Both plaintiffs alleged that they purchased tickets and attended at least one NFL game at MetLife Stadium in 2021, which they would not have done but for defendants’ false advertising. One plaintiff alleged that she was unaware that the Giants have played in New Jersey since 1976, and the Jets since 1984.

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FEBRUARY 14, 2025

For the purposes of false advertising claims, the issue that the parties must address is whether there are material differences between the products, not why any such differences may exist. but without a resultant detectable difference in the product itself.

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Marketing Marketing False Advertising Advertising 52

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]

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Trademark False Advertising Litigation Copyright 52

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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. Princeton Excess & Surplus Lines Ins. Houston, Inc., 4th 274 (5th Cir. 2023); but see Princeton Express v. 3d 1252, 1258 (S.D.

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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.”

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False Advertising Advertising Advertising Marketing 45

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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.”

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Graphic Design Government Designs Design 56

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MAY 19, 2023

Natera knew, but did not disclose, that Panorama has a high rate of false positives for microdeletion-related and other rare conditions. In 2016, Natera acknowledged the results of a published study which found that Panorama had an 18% PPV for DiGeorge syndrome, a rare genetic condition.

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Advertising Advertising False Advertising Law 52

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SEPTEMBER 30, 2021

The groups didn’t learn of Sanderson’s alleged misrepresentations until August 1, 2016, so resources expended before that date weren’t pertinent. Diversion of resources has been found when organizations “expended additional resources that they would not otherwise have expended, and in ways that they would not have expended them.”

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Advertising Advertising Litigation Blogging 45

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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.

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Marketing Marketing Law Reporting 59

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SEPTEMBER 21, 2023

App’x at 19 (explaining that “plaintiffs must do more than plausibly allege that a ‘label might conceivably be misunderstood by some few consumers,’ ” but instead “must plausibly allege ‘that a significant portion of the general consuming public or of targeted consumers, acting reasonably in the circumstances, could be misled’ ” (quoting Ebner v.

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Advertising Advertising Marketing Marketing 64

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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.

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Advertising Advertising Business Reporting 56

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DECEMBER 29, 2022

Petterson brought claims under California’s UCL and FAL and moved to certify a class of “All persons in California who purchased a carton of cigarettes from a Circle K store in California and did not receive an advertised multi-pack discount from December 4, 2016 to the present.” numerosity).

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Advertising Advertising False Advertising Law 59

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FEBRUARY 8, 2024

2016), involved an order page like this: Amazon ad Whether Amazon provided sufficient notice, the Second Circuit held, could not be resolved as a matter of law. Id Nicosia v. Amazon.com, Inc., 3d 220 (2d Cir. The key “message itself—‘By placing your order, you agree to Amazon.com’s.

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Music Contracts Advertising Advertising 59

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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.

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Designs Design Patent Prosecution Art 56

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JULY 15, 2022

Max Rack argued that other courts have presumed actual confusion (and shifted the burden to a defendant to disprove it) when the defendant has intentionally deceived the public by using a deceptive mark or comparative false advertising. Thus, the jury’s award could have rested on the ex-franchisee theory.

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Advertising Advertising Licensing False Advertising 59

43(B)log

SEPTEMBER 21, 2021

But the 2016 edition of the Tanbook allegedly failed to include legislative amendments to statutes contained within the text even though those amendments had taken place years, even a decade, earlier.

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Editing Contracts Copying Law 45

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SEPTEMBER 1, 2021

Ford argued that plaintiffs who took delivery after February 2016 could not reasonably claim to be misled “because of information and rumors available on Internet forums that the cars at issue could not do track days.

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Advertising Advertising Technology Reporting 45

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JULY 20, 2023

2016) (Florida) (holding that plaintiffs “need not show actual reliance on the representation or omission at issue,” even when causation is an element). The parties focused on reliance, so the majority did as well, dismissing the dissent’s claim that reliance and causation are inherently intertwined as inconsistent with governing state law.

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Advertising Advertising Law False Advertising 52

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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.

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Law Advertising Advertising Journalism 45

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APRIL 17, 2023

This hidden financial agreement plausibly helped increase the sale of both Usana’s products and sales of the Guide itself—to Usana’s distributors. “ The parties here had a clear financial arrangement designed to influence consumers to buy products from a third-party in which Defendants had a direct financial stake.” USA, LLC v. Bleeping Comput.

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Advertising Advertising Editing Litigation 40

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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.

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Fair Use Brands Branding Branding 45

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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.

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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.”

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False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

OCTOBER 23, 2024

Here’s an example: Competitive keyword advertising by law firms has been a source of trouble for years. I wrote a whole paper just about that in 2016–we’re still discussing it 8 years later. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

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Trademark Advertising Advertising False Advertising 105

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FEBRUARY 24, 2021

Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation. made in Canada with imported parts). Product of Canada: like made in Canada, but all or virtually all of the total direct costs (98%) must be Canadian.

Advertising 40

Advertising Advertising Law Privacy 40

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.

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IP Copyright Trademark Intellectual Property 124

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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.

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False Advertising Advertising Advertising Law 52