43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

AUGUST 27, 2024

Plaid responded that PNC knew about this as early as 2017 and worked with Plaid to make it easier for PNC customers to connect to fintech apps. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. Plaid’s messaging also encouraged PNC customers to change banks.”

Advertising 52

Advertising Advertising False Advertising Designs 52

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. 2017: [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

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Where there is no allegation of a comparative advertisement, §43(a)(1)(B) requires “some affirmative indication of actual injury and causation.”

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.) Chapter 93A).

Marketing 59

Marketing Marketing Business False Advertising 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. 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

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

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

FEBRUARY 7, 2022

Common law fraud: There’s a three year limitations period, and plaintiffs sued in August 2017. Each time they bought a bottle of Poland Spring water, they had a mature claim for false advertising… [A] second sale did not affect whether the first sale was legal or compound the damages from the first sale.”

False Advertising 59

False Advertising Advertising Advertising Law 59

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 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material.

False Advertising 59

False Advertising Artwork IP Advertising 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 is Netafim’s largest competitor.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Her experience also includes representing trademark owners in opposition and cancellation proceedings before the Trademark Trial and Appeal Board; counseling clients on clearance, prosecution, false advertising, and enforcement of trademarks and copyrights; and counseling on domain name issues and intellectual property license agreements.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Likelihood of Confusion

JULY 6, 2021

Originally posted 2017-02-08 17:12:15. Republished by Blog Post Promoter. The post Belmora’s U.S. Supreme Court certiorari reply brief in the FLANAX case appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 76

Blogging False Advertising Advertising Advertising 76

43(B)log

DECEMBER 16, 2022

False advertising: Plaintiffs alleged that the following statements from Roup’s website bio were false or misleading: “I knew that there was something missing from the boutique fitness community, so I combined my passion for dance and love for fitness to create The Sculpt Society.

Marketing 45

Marketing Marketing False Advertising Contracts 45

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

JUNE 16, 2022

In 2017, the last year before the switch, Omaze reported approximately $750,000 in revenue, with the substantial majority—approximately $450,000—passed through to CAFA. “In This is disclosed in the fine print at the bottom of Omaze campaign pages. Multiple state AGs have, again understandably, investigated and settled with Omaze.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

APRIL 25, 2022

According to Nestle’s own alleged statements, the child labor conditions have worsened rather than improved since the inception of the “NESTLÉ® Cocoa Plan”: from 2017 to 2019, the number of children working on cocoa farms nearly doubled. Walker alleged CLRA and UCL violations. in deciding whether to purchase these products, and.

Advertising 59

Advertising Advertising False Advertising 59

43(B)log

JUNE 17, 2022

3, 2022) This is a lawsuit about an allegedly fake review of Beyond Blond’s video on Amazon allegedly written by Heldman on September 10, 2017. Commercial advertising or promotion: Yes, because the review was commercial speech made by Beyond Blond’s direct competitor. “[S]peech CV 20-5581 DSF (GJSx) (C.D.

Public Domain 56

Public Domain Advertising Advertising False Advertising 56

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.” Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

Indiana Intellectual Property Law

DECEMBER 23, 2022

May 16, 2017. 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 No. Registration Date. OPTISELECT. September 14, 2004. April 29, 2008. April 9, 2019. January 6, 2015.

Trademark 40

Trademark False Advertising Patent Registration 40

43(B)log

AUGUST 26, 2024

To get a sense of the costs at issue, over 2017-2019, at least 485 consumers purchased stem cell therapy injections from one defendant, Superior, at a total cost of $3,350,416. They provided “resources — marketing manuals, flyers, lectures, sample emails ads, and PowerPoints — and a procedure to launch advertising campaigns.”

Advertising 59

Advertising Advertising Marketing Marketing 59

Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

In so ruling, the Court found that Defendants’ affirmative defenses of laches and acquiescence failed as a matter of law because (1) they were based on an alleged 2017 assignment of the EMERSON QUIET KOOL trademark from American Ductless AC Corp. American Ductless”) to Defendant Emerson Quiet Kool Co.

Trademark 66

Trademark Copying Law False Advertising 66

43(B)log

JANUARY 2, 2024

17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. Defendants relied on two cases rejecting similar theories, including one that was vacated by the Ninth Circuit in light of California cases more favorable to plaintiffs (Goldman v. Bayer AG, No. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp.,

Branding 59

Branding Brands Branding Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. cum laude , from Georgetown University Law Center in 2017, his Ph.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

AUGUST 31, 2021

The 2017 label also references the “coast” and includes a map of Oregon with leaves denoting the locations of the Willamette, Umpqua, and Rogue Valleys. the 2017 reads “ACAMPO, CA • CONTAINS SULFITES.” The labels describe the wine at issue here as an “Oregon Pinot Noir.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

APRIL 28, 2022

Dwyer, a customer, challenged Allbirds’ advertising, which focuses on the shoes’ environmental impact, e.g., “Sustainability Meets Style,” “Low Carbon Footprint,” “Environmentally Friendly,” “Made with Sustainable Wool,” “Reversing Climate Change.” Allbirds, Inc., 2022 WL 1136799, No. 21-CV-5238 (CS) (S.D.N.Y.

Advertising 45

Advertising Advertising False Advertising Reporting 45

43(B)log

AUGUST 30, 2024

Mueller has continuously been in charge since 2017. He made a similar statement in 2019 during a GCE earnings call attributing unexpectedly good new student online growth to the non-profit advertising. The DOE also ordered GCU to cease advertising “nonprofit” status. Defendants mostly complied. “If,

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

NOVEMBER 8, 2021

2017), without noting that it had been rejected by the Seventh Circuit in Bell v. However, “All Butter” was ambiguous in context—it was obvious that the product was not a stick of butter, but a cake—and it wasn’t enough to allege that reasonable consumers would expect from the label that there wouldn’t be non-butter shortening. 3d 910 (N.D.

Litigation 67

Litigation False Advertising Law Advertising 67

43(B)log

JANUARY 16, 2023

In 2017, the Coalition for Safer Food Processing and Packaging, a group of nonprofit health and food safety advocacy organizations, allegedly detected phthalates in nine of the ten tested cheese powder products and found that the phthalate levels in those cheese powders were on average four times higher than in the 15 natural cheeses tested.

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

SEPTEMBER 21, 2021

Plaintiffs contended that omissions and inaccuracies rendered the Tanbook of no value to its users and that, after receiving complaints, Matthew Bender included the previously omitted statutes and regulations in the 2017 edition, which, although published late in the calendar year, was sold to plaintiffs and other subscribers at full price.

Editing 45

Editing Contracts Copying Law 45

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 19, 2021

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

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

DECEMBER 1, 2022

1744, 1757 (2017)…. Second, of course, confusing and explicitly misleading are two very different things—even “fraudulent” and explicitly misleading are two very different things, which is one reason that Lanham Act false advertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

APRIL 1, 2025

Here, the Lanham Act false advertising claim survives for a jury, but the RICO claims are tossed out on summary judgment because theyre RICO claims. Torch advertises that the devices are not gambling machines. TNT owns and leases out traditional arcade games and similar amusement equipment (e.g.,

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

FEBRUARY 27, 2025

In an advertisement in Anesthesiology News, Ventis claimed that Endura-KT is produced following cGMP manufacturing guidelines under 503B outsourcing standards overseen by the FDA. Ventis advertised in Anesthesiology News that Endura-KT is made from a combination of currently FDA approved USP products.

False Advertising 52

False Advertising Advertising Advertising Marketing 52