IP Watchdog

JULY 25, 2023

Ethicon first filed a complaint against the defendant Mudassar Shah in July 2020 and alleged federal and state trademark infringement of five different trademarks.

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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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

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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.

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43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

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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.

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False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

SEPTEMBER 20, 2021

Plaintiffs sought to amend the complaint to add, inter alia, a Lanham Act false advertising claim, which the court held was not futile. Footnote: Commercial advertising or promotion isn’t necessarily straightforward. The court didn’t undertake any analysis of this element at this stage.

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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).

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43(B)log

SEPTEMBER 1, 2021

LinkedIn does not provide advertisers with access to raw data regarding which users viewed their ads, their level of engagement, or whether the users are real humans or automated bots. A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. Plaintiffs brought UCL and common-law claims.

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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. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

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43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. 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. Omaze now buys its own swag for contests.

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43(B)log

FEBRUARY 21, 2022

For example, a 2020 buying guide, after plaintiffs filed suit, inserted a disclaimer that “CHP motor ratings refer to the motor power achieved in a testing facility. Defendants argued that plaintiffs “tacitly admit that, with sufficient electrical power, the motors do reach the stated horsepower.”

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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.”

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43(B)log

MARCH 4, 2022

In spring 2020, the page allegedly had over 4,000 followers. But breach of fiduciary duty and contract claims survived, as did unjust enrichment and civil conspiracy. The FB page had “photographs and prices of La Baguette’s products, the street address of the retail bakery, and a phone number to place orders for pick-up or delivery.”

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43(B)log

MAY 3, 2023

May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” The breach of warranty claims were properly dismissed because MacNaughton failed to allege proper notice and privity of contract. MacNaughton v. 22-0344, -- F.4th

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IIPRD

AUGUST 4, 2022

For example, in 2020, @karmanverdi – a Russian Musical Artist – created a novel approach to take photos in Lockdown and titled the series “There are so many ghosts at my site.” Social media influencers sign contracts with businesses to promote their products by providing original content for such brands.

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43(B)log

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. 197 (2020). GCE is also the exclusive provider for GCU of student support services and counseling, technology (including GCU’s platform for online education) and budget analysis services. United States, 295 U.S. CFPB, 591 U.S.

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43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Example from recent case: Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No.

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43(B)log

FEBRUARY 28, 2022

In March 2020, Healthvana objected, and Telebrands’ counsel indicated that it would rebrand as “Handvana.” “By Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Surprised?

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43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Frida Mom’s ads showing reality of postpartum recovery rejected from 2020 Oscars for being too graphic—at least get some PR benefit from that. Chance-based contests may not need a permit.

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