43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. In 2019, RectorSeal requested that Hilti’s Firestop Box Insert be added back.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? However, the results are consistent with each other.

Trademark 80

Trademark Advertising Advertising False Advertising 80

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. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” There wasn’t an imminent risk of new, now-false ads.

False Advertising 72

False Advertising Advertising Advertising Marketing 72

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

IP and Legal Filings

MARCH 14, 2022

This was followed by the Court granting RealReal an extension of time to respond to the Complaint on January 10, 2019, and the filing of an amended complaint (“First Amended Complaint”) by Chanel on February 1, 2019. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 3d 422 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

This was followed by the Court granting RealReal an extension of time to respond to the Complaint on January 10, 2019, and the filing of an amended complaint (“First Amended Complaint”) by Chanel on February 1, 2019. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 3d 422 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Azurity sells a hydrochloride vancomycin drug that received FDA pre-market approval.

False Advertising 59

False Advertising Law Advertising Advertising 59

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 False Advertising Designs Design 52

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

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The parties compete in the market for probiotics. To the extent HPP is marketed as a medical food and deemed a medical food, it is required to be consumed under the supervision of a physician.” .…

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE Between 2015-2019, its website identified 14 patents as “protect[ed]” by the logo, though in 2019 it modified the site to include a table purporting to demonstrate which of ThermoLife’s patents were practiced by ThermoLife’s licensees.

Patent 59

Patent Advertising Advertising Licensing 59

43(B)log

AUGUST 25, 2021

It warned that uncleared products marketed for “assessment, diagnosis, or management of a head injury, including concussion” violate the law. There are 1.6 million concussions in sports and recreational activities annually.

False Advertising 59

False Advertising Advertising Advertising Government 59

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

DECEMBER 28, 2022

However, “because even qualified claims may imply more domestic content than exists, manufacturers or marketers must exercise care when making these claims.” 2019 WL 3413444 (S.D. 2019), involving more unqualified “Made in USA” statements in stores and on New Balance’s website. Made in USA of U.S. and imported parts”).

Advertising 72

Advertising Advertising Settlement False Advertising 72

43(B)log

APRIL 25, 2023

Louisiana’s 2019 Truth in Labeling of Food Products Act bars, among other things, the intentional “misbrand[ing] or misrepresent[ing of] any food product as an agricultural product” through several different labeling practices.

Law 72

Law Marketing Marketing False Advertising 72

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

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Health-Ade LLC, F.Supp.3d 3d -, 2022 WL 562827, No.

Marketing 59

Marketing Marketing Law Branding 59

43(B)log

MAY 3, 2023

Plaintiffs’ claims under New York law were based on the offer of an “ever-growing” or “growing” library of live and on-demand studio classes, which offer was allegedly false because a bunch of classes were pulled from the library because of unlicensed music use. The model also didn’t consider the impact of supply-side factors.

Music 59

Music False Advertising Advertising Advertising 59

43(B)log

NOVEMBER 19, 2021

In 2019, Aquestive allegedly threatened to file three inter partes review petitions with the PTAB unless Neurelis signed a waiver of its orphan drug exclusivity, which Neurelis did not do. This too was allegedly based on “inaccurate data and misinformation.” But the citizen petition wasn’t excepted commercial speech.

Designs 56

Designs Design Patent Prosecution Art 56

43(B)log

NOVEMBER 5, 2021

16, 2021) Previous ruling ; new judge still finds the false advertising claims sufficiently pled. Thus, Microsoft allegedly falsely advertises its scanner as possessing a security capability that it does not actually possess; TocMail identified statements such as “a higher standard of security at lower cost than. [is

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Illinois Tool sued in 2019. What about bad faith as precluding laches?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

SpicyIP

SEPTEMBER 20, 2021

Furthermore, he highlights that the court took due notice of the strong presence of the defendants in the market and delayed infringement action brought by the plaintiffs, and thereby indirectly applying the clean hands doctrine.

Artistic Work 63

Artistic Work Intellectual Property Law Journalism Intellectual Property 63

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Meticulous Market Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64