2019 Advertising Contracts False Advertising 
43(B)log
SEPTEMBER 3, 2021
25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Alterra Mountain Co., 2021 WL 2633326, No. 3d 834 (9th Cir.
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. Defendants counterclaimed for payment and damages for breach of contract and bad faith.
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43(B)log
MARCH 6, 2024
In 2019, Qoins entered into a Master Disbursement Services Agreement with Atlantic Capital Bank to establish a banking relationship, which included creating bank accounts that contained customer funds. The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel.
43(B)log
FEBRUARY 7, 2022
28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.
43(B)log
NOVEMBER 28, 2022
2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.
43(B)log
MAY 2, 2023
21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. It didn’t advertise directly to clinicians or consumers, aside from the product label and package insert. Did the non-label/package statements qualify as “commercial advertising or promotion”? ExeGi Pharma, LLC v.
SpicyIP
DECEMBER 30, 2023
The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.
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