43(B)log

APRIL 26, 2022

Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.”

Advertising 98

Advertising Advertising False Advertising Trademark 98

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. 2018: [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

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts (FTC 2018). This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising.

Trademark 111

Trademark Advertising Advertising Blogging 111

43(B)log

FEBRUARY 7, 2022

During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion?

Advertising 45

Advertising Advertising False Advertising Contracts 45

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2018) (cleaned up), or at least the test changes depending on the situation.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

False Advertising 45

False Advertising Advertising Advertising Licensing 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

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second-hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

OCTOBER 11, 2023

27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Tortilla Factory’s Kombucha Dog has approximately 1.25% alcohol by volume and is sold as an alcoholic beverage, with a government-required warning label.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

Advertising 40

Advertising Advertising Television Design 40

43(B)log

AUGUST 17, 2022

Among many other things, FleetCor advertised that businesses could issue drivers “fuel only” payment cards in order to get greater protection against misuse, while internally acknowledging that the cards weren’t capable of limiting purchases to fuel only—in one case, a driver bought $200,000 in Speedway gift cards using the FleetCor card.

Business 59

Business False Advertising Advertising Advertising 59

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Microsoft Corp., 2021 WL 6750789, No. 20-60416-CIV-CANNON/Hunt (S.D.

False Advertising 59

False Advertising Advertising Advertising IP 59

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

False Advertising 45

False Advertising Advertising Advertising Privacy 45

43(B)log

SEPTEMBER 1, 2021

False advertising/passing off: Same basic problems. Even if the rebuttable presumption of irreparable harm applied, Mandabach had actual knowledge of the use of the mark in April 2018, when its licensee sent a warning letter to Sadler regarding its purported infringement.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Here the court considers acquiescence and laches. SMRI had unclean hands.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

APRIL 27, 2022

Multiple PG&E employees testified that, when they were assessing Eco’s products in 2018, they felt the 2014 test reports were ‘outdated,’” and PG&E had also received reports suggesting that Eco’s products “electrically tracked,” which presented a fire risk. There was a triable issue on the other parts of the claim.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

FEBRUARY 6, 2023

Defendants advertise that their platform, available through their website and corresponding mobile applications, allows users to post and search listings for living arrangements, including rental properties, room rentals, sublets, and roommate requests. Here, the court refused to dismiss the complaint or to grant a protective order.

False Advertising 56

False Advertising Confidentiality Advertising Advertising 56

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. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

SEPTEMBER 11, 2023

It first expanded into Austin in 2018. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. Plaintiff also pointed to numerous calls it received from confused consumers as evidence that the callers assumed that it was the sole source of the advertising.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

AUGUST 9, 2021

It brought Lanham Act and California FAL/UCL claims over defendants’ allegedly false advertising of their respective OTC lidocaine patches. Such a rule would allow any manner of misleading advertisement.” back and spinal pain). But that’s not relevant to the lost profits argument, which is part of causation.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. MaxRelief stopped using the “Australia’s # 1” advertising slogan in 2018; Painaway advised Defendant’s customers that MaxRelief used “Australia’s #1” slogan in violation of an injunction order issued, via default, in E.D.

Television 56

Television Social Media Advertising Advertising 56

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. Take-Two Interactive Software, Inc., 3d 389 (N.Y.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

JANUARY 2, 2024

2018); and Howard v. 2018), it was plausible that “there is little chance that clarification or context on the reverse of the package will suffice to overcome a deception claim (especially at the motion-to-dismiss stage).” Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

APRIL 17, 2023

Since 2018, RB Health has sold both products “to the same distributors and retailers at the same price. DiGiacinto also sufficiently alleged that he will be unable to rely on the advertising or labeling of the children’s product in the future, providing standing to seek injunctive relief.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

AUGUST 30, 2024

In 2018, GCE transferred the trademarks, campus, and certain assets and liabilities of the institution that GCE had operated as ‘Grand Canyon University,’ to GCU in exchange for GCU agreeing to pay GCE more than $870 million plus 6% annual interest.” The DOE also ordered GCU to cease advertising “nonprofit” status.

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

SEPTEMBER 21, 2023

2018))); Jessani, 744 F. C]ontext is crucial” for a court’s determination of “whether a reasonable consumer would have been misled by a particular advertisement.” App’x 701, 704 (2d Cir. internal quotation marks and brackets omitted) (quoting Jessani v. App’x 18, 19 (2d Cir.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

AUGUST 24, 2021

And in November 2018, [redacted] Walmart claims that [redacted].Walmart Walmart argued something else redacted, but those allegations were “hotly disputed,” and anyway “Plaintiff produced evidence showing that although Walmart had [redacted]. Walmart also knew that [redacted],” creating an inference of willful blindness/reckless disregard.

Copyright 81

Copyright Art Copying Reporting 81

43(B)log

SEPTEMBER 1, 2021

At the time of briefing, there was also an issue of whether the MSDSs were “advertising,” but the Pennsylvania Supreme Court subsequently held that “subsection (v). encompass[es] activities other than ‘advertising,’ ” and that a statement need not have impacted a purchasing decision to be actionable. Commonwealth by Shapiro v.

Advertising 45

Advertising Advertising Litigation Design 45

43(B)log

NOVEMBER 19, 2021

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

JANUARY 2, 2024

2018), which found that it was plausible that crackers labeled as “WHOLE GRAIN” and “MADE WITH WHOLE GRAIN” would mislead consumers into thinking that the grain content was predominantly whole grain. At this stage, it was plausible that consumers would expect the predominant oil to be almond oil, under Mantikas v. Kellogg Co.,

Law 59

Law Business False Advertising Advertising 59

43(B)log

DECEMBER 22, 2022

Hoffman alleged that a survey highlighted in “Prepared Foods” magazine in 2018 noted that “60% of consumers. And the use of “Wildflower” to describe the honey “bolsters the impression that actual honey is in the Product.” look for honey on the product label” and that “about half of consumers would pay at least 5% more for food.

False Advertising 64

False Advertising Advertising Advertising 64