Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 16, 2023

7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. The “touchstone” is “that the contested representations are part of an organized campaign to penetrate the relevant market. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No.

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Advertising Advertising False Advertising Marketing 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 64

Advertising Advertising False Advertising Copyright 64

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

Trademark 101

Trademark Advertising Advertising False Advertising 101

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

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IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

Technology & Marketing Law Blog

MAY 31, 2024

In 2020, Medina got the disclosures from the 2014 case sealed. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. Microsoft appeared first on Technology & Marketing Law Blog. The trial court anti-SLAPPED that lawsuit. The appeals court affirms.

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False Advertising Publishing Advertising Advertising 88

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 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. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JULY 8, 2024

28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Since March 2020, Delta has repeatedly touted itself as “the world’s first carbon-neutral airline.”

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

DuetsBlog

OCTOBER 5, 2020

In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting. The post 2020 Midwest IP Institute in the Books appeared first on DuetsBlog ®.

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Fair Use IP Trademark False Advertising 59

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. It’s used on every package and in advertising.

Branding 72

Branding Brands Branding Marketing 72

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

MARCH 13, 2022

For example, according to the complaint: On August 19, 2020, Plaintiff searched for “Royal Silk” under all departments on Amazon.com, yielding 60 product listings, including “Sponsored” product listings—ads paid for by the seller. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v.

Trademark 82

Trademark Advertising Advertising Settlement 82

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. 5th 642, 651 (2020). 5th 279, 306 (2020) (quoting § 17500).

False Advertising 59

False Advertising Advertising Advertising Business 59

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. The results of this study led members of the United States Senate and several public interest groups to petition the Federal Trade Commission (“FTC”) to investigate apps marketed specifically to children.

Advertising 40

Advertising Advertising Television Designs 40

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

The Court, after assessing the matter, partially denied RealReal’s motion to dismiss the First Amended complaint, as it was found that: 1) Chanel’s allegation that RealReal marketed and sold counterfeit Chanel products was adequate; 2) RealReal’s advertising regarding the authenticity of the products it sells was false.

False Advertising 52

False Advertising Branding Brands Branding 52

IP Tech Blog

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

MARCH 13, 2023

In March 2020 (I was going to say mid-March, but I recognize there’s a question about how long March 2020 actually was), he began marketing facemasks, including masks he described as “N95” and “Class N95.” Beginning in April 2020, customers began complaining about not receiving orders.

False Advertising 56

False Advertising Advertising Advertising Business 56

43(B)log

MAY 19, 2023

In 2020, the American College of Obstetricians and Gynecologists (“ACOG”) changed its guidance to recommend that all pregnant persons “be offered both screening and diagnostic testing options.” In other words, 82% of Panorama’s positive results for DiGeorge syndrome were false positives.

Advertising 52

Advertising Advertising False Advertising Law 52

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 2020, Omaze reported $104 million in revenue, with only $20 million—less than one fifth—passed through to charity.” The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 29 (2020); U.S. DEPARTMENT OF JUSTICE’S REVIEW OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (2020). Vimeo appeared first on Technology & Marketing Law Blog.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

MARCH 14, 2023

The result is that FedEx routes are, as a practical matter, intangible commodities traded on a competitive market and subject to price fluctuation based on the actual or perceived value of each individual route. Was this “commercial advertising or promotion”? FedEx brought Lanham Act and Tennessee Consumer Protection Act claims.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 25, 2021

In March 2020, sales of the elderberry supplements increased by 415% over prior years as consumers sought to buy products that would offer ‘immune support’ from the coronavirus.” Because the elderberry extract was not marketed as a dietary ingredient in the U.S.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

43(B)log

SEPTEMBER 1, 2021

The mark was weak; the goods were not proximate; the marks were similar; one social media instance of confusion was insufficient to show likely confusion; marketing channels didn’t favor likely confusion because everyone uses the internet and social media; cost below $25 favored confusion. False advertising/passing off: Same basic problems.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

JUNE 17, 2022

From 2015 to 2020, ASHI featured the following slogan on its website below its organizational logo: “American Society of Home Inspectors. The court of appeals declined to presume harm just because the parties were each other’s sole competitor in the national home inspector market. But wasn’t InterNACHI alleging sole competition?

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

SEPTEMBER 21, 2023

But they are “part of [Starbucks’s] ‘Refresher’ line of beverages, marketed as fruit-based beverages.” The following marketing images allegedly show that “the presence of fruit in the Products is central to the Products’ identity.” Florida’s Natural Growers, Inc., App’x 701, 704 (2d Cir.

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Advertising Advertising Marketing Marketing 64

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GOOD Meat, Inc., 3d - , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D. Disfavors confusion.

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False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 26, 2021

Comment: this is entirely junk reasoning, since there can be no false identification without distinctiveness (that is, identification)--the genericity cases require "de facto secondary meaning" in the absence of legally protectable secondary meaning, and they also limit the available remedies to clear disclosure.

Designs 64

Designs Design Copying Copyright Infringement 64

43(B)log

MAY 22, 2023

May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles of Fireball malt beverages, which look almost the same as Fireball Whisky. Fireball Malt debuted in 2020.

Licensing 59

Licensing Law Branding Brands 59