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 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

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. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes!

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

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar. Prager Univ.

Advertising 49

Advertising Advertising False Advertising Copyright 49

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 light of the size of the food market, that’s a bit hard to credit. In light of the size of the food market, that’s a bit hard to credit.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

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. 2021) The parties compete in the micro-irrigation industry, which targets agricultural growers.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

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

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

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

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. 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.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” 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

False Advertising 59

False Advertising Advertising Advertising Designs 59

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

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. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 30, 2024

Mueller has continuously been in charge since 2017. Doctoral program: The FTC alleged that defendants marketed “‘accelerated’ programs that enable students to quickly complete their degree, including quickly completing a dissertation.” In 2014, GCE chartered GCU as an Arizona nonprofit corporation.

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

NOVEMBER 19, 2021

The parties discussed potential partnership in 2017 and 2018, but the discussions didn’t go well. 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

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” 1744, 1757 (2017)…. New Life Art, Inc., 3d 1266 (11th Cir. Nor was the use explicitly misleading. Tam, 137 S.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

FEBRUARY 27, 2025

Ventis also advertised Enduracaine and Endura-KT as comparable to, and replacements for, EXPAREL. It marketed Endura-KT as safe and acceptable for use, advertised that Endura-KT provides an EXTENDED DURATION of pain relief and that it is Quick Onset Long Lasting, Safe, for Pediatric Use, and Cost Effective.

Advertising 52

Advertising Advertising False Advertising Marketing 52

43(B)log

APRIL 1, 2025

28, 2025) The parties compete in the market for retail amusement devices. 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 Amusements, Inc. Torch Electronics, LLC, 2025 WL 947506, No. 4:23-CV-330-JAR (E.D.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

FEBRUARY 3, 2024

months first action pendency in 2017. 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. Eric Johnson: have they been successful in pushing others out of the market?

Designs 59

Designs Design Law Design Patent 59