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

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.”

Advertising 49

Advertising Advertising False Advertising Copyright 49

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

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 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

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

JULY 3, 2023

The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. Industria filed its copyright infringement claims on April 21, 2017.

False Advertising 59

False Advertising Advertising Advertising Registration 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

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

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

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

MARCH 28, 2024

Princeton argued that (1) no coverage was available for claims during the 2017 to 18 Policy Period; (2) Wonderland breached the insurance contract by agreeing to the Consent Judgment in violation of the cooperation and non-assignment clauses; and (3) the Consent Judgment was unreasonable, and thus unenforceable, as a matter of law.

Advertising 64

Advertising Advertising Settlement Contracts 64

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

FEBRUARY 17, 2022

of the respondents who were shown the test 2017 homepage and mission page believed that it communicated or implied that Elysium submitted an NDI to the FDA; and (4) a net percentage of 32.4% Damages experts: The court began with a statement that a Lanham Act [false advertising] plaintiff must prove causation to get damages.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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

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. I would think it would be much worse!

False Advertising 59

False Advertising Advertising Advertising Designs 59

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 Branding Brands Marketing 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

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

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.

Advertising 59

Advertising Advertising False Advertising 59

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

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. CV 20-5581 DSF (GJSx) (C.D.

Public Domain 56

Public Domain Advertising Advertising False Advertising 56

43(B)log

SEPTEMBER 30, 2021

Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity. The groups didn’t learn of Sanderson’s alleged misrepresentations until August 1, 2016, so resources expended before that date weren’t pertinent.

Advertising 45

Advertising Advertising Litigation Blogging 45

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. Many patients were seniors.

Advertising 59

Advertising Advertising Marketing Marketing 59

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

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

APRIL 28, 2022

Nor did Dwyer allege that Allbirds had special knowledge it needed to disclose.

Advertising 45

Advertising Advertising False Advertising Reporting 45

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

43(B)log

AUGUST 30, 2024

Mueller has continuously been in charge since 2017. Nonprofit allegations: In 2004, GCE—which became a publicly traded company—purchased what is now GCU and began operating it as a for-profit institution. In 2014, GCE chartered GCU as an Arizona nonprofit corporation. He received salary, bonuses, and other compensation from both GCU and GCE.

Advertising 52

Advertising Advertising Business Marketing 52

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

JUNE 8, 2024

CV H-17-1068, 2017 WL 2957912, at *8 (S.D. July 11, 2017) (holding that “the mere purchase of AdWords alone, without directing a consumer to a potentially confusing web page, is not sufficient for a claim of trademark infringement,” citing Mary Kay, 601 F. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Trademark 129

Trademark Advertising Advertising False Advertising 129

SpicyIP

OCTOBER 27, 2023

False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. These representations could include false claims about trademarked features, which could result in legal action for false advertising and trademark infringement.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

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

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. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 27, 2025

Pom Wonderful characterized the FDCA as designed primarily to protect the health and safety of the public at large rather than to prevent false advertising. It pointed to the FDAs 2017 Interim Policy on Compounding Using Bulk Drug Substances Under Section 503(b) of the [FDCA].

False Advertising 52

False Advertising Advertising Advertising Marketing 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. TNT owns and leases out traditional arcade games and similar amusement equipment (e.g., foosball and pool tables, dart boards, pinball machines, juke boxes) to various retailers.

Advertising 52

Advertising Advertising False Advertising Law 52