43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them.

False Advertising 64

False Advertising Advertising Advertising Designs 64

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 64

Designs Design Copying Copyright Infringement 64

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” But “[n]ot all commercial speech is promotional.” Prager Univ.

Advertising 49

Advertising Advertising False Advertising Copyright 49

43(B)log

SEPTEMBER 7, 2021

I n mid-2020, Marchese allegedly contacted Wakefern about the possibility of joining the Wakefern cooperative. Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

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. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

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

AUGUST 27, 2024

In late 2020, a new Plaid user interface finally propitiated PNC. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. PNC has a stake in another company, Akoya, designed to compete with Plaid. “[W]hile But other consumer-based factors were up for grabs.

Advertising 52

Advertising Advertising False Advertising Design 52

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Design 59

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. A subsequent motion in the matter was denied without prejudice in October 2020. RealReal, Inc. 3d 422 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. A subsequent motion in the matter was denied without prejudice in October 2020. RealReal, Inc. 3d 422 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

AUGUST 24, 2021

CV 19-5495-MWF (JCx), 2020 WL 9073046 (C.D. 16, 2020) Russell owns registered copyrights in certain photos of sculptures that appeared on Walmart’s marketplace. Walmart Inc., Previously, the court found that all of Walmart’s affirmative defenses failed as a matter of law, except its DMCA defense, which remains for trial.

Copyright 81

Copyright Art Copying Reporting 81

43(B)log

FEBRUARY 6, 2023

“Where the conduct in Shire had ceased five years prior to the FTC seeking the injunctive relief, here Defendants claim only that their improper verification claims were removed in early 2020—after they received notice of the ongoing FTC investigation.” For now, the court also exercised supplemental jurisdiction over the state claims.

False Advertising 56

False Advertising Confidentiality Advertising Advertising 56

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. SoClean has submitted a de novo application for its latest product, which is under review. Recall notice: Eli Lilly & Co. 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

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.” Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.”

Law 40

Law False Advertising Advertising Advertising 40

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.” Plaintiffs failed to identify a relevant “defect” in the tests. are not physical defects that affect the central function of the chocolate products.”

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. Defendants represent 170 owners of units in the Four Ambassadors.

Advertising 59

Advertising Advertising Confidentiality 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. 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 Designs 40

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. 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.” False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MAY 22, 2023

Fireball Malt debuted in 2020. BY VOL’ in light of the other flashier language and design of the packaging.” It’s Canadian whisky—a distilled spirit—with added cinnamon syrup and sweeteners, and is 66 proof (33%) alcohol by volume (ABV). It’s sold in many sizes, from 1.75L bottles to 50ML mini bottles. The label reads “Cinnamon Whisky.”

Licensing 59

Licensing Law Branding Brands 59

43(B)log

JULY 6, 2022

Moreover, even if some buyers knew that JUUL had nicotine and others didn’t, that didn’t affect the materiality of the claims that plaintiffs alleged defendants made: “that JUUL products were portrayed as healthy but engineered and designed to make them more addictive and that use of those products created health hazards.” 3d 834 (9th Cir.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

SEPTEMBER 6, 2023

Then Zillow unveiled a two-tab design, which segregated content between tabs (or webpages) labeled as “Agent listings” and “Other listings.” Before Zillow launched the two-tab system, it evaluated the associated risks.

Advertising 45

Advertising Advertising Licensing Designs 45

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 110

Trademark Advertising Advertising Settlement 110

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. But they don’t specify what constitutes a “violation,” which is decided on a case-by-case basis.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 24, 2021

NPRM, July 2020 on Made in USA claims, codifying current enforcement policy and adding ability to seek civil penalties: need all or virtually all of manufacture, or component parts/ingredients, to make Made in USA and related claims. Designed in US” can also work. Chance-based contests may not need a permit.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

JULY 20, 2023

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. ” The COVID-19 Act was enacted on December 27, 2020.

Government 40

Government Advertising Advertising Social Media 40

43(B)log

MARCH 17, 2025

It also held that monetary damages for past harms was not an adequate legal remedy for Clarks future harm and granted Clark leave to amend her complaint is appropriate so she can explain the circumstances associated with her discovery of Eddie Bauers advertising scheme.

False Advertising 52

False Advertising Advertising Advertising Designs 52

Trademark and Copyright Law Blog

APRIL 7, 2020

I have personally reviewed every single application I could find on the USPTO TESS system as of April 6, 2020 related in some way to COVID-19, and as you can imagine, many of them are… wanting , whether because the marks are clearly descriptive, obviously informational, or have some other deficiency. I also appreciate the sentiment.

Trademark 40

Trademark Registration Branding Brands 40

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. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 10, 2025

What about false advertising? Although McKenzie averred that he was unaware of the fraudulently concocted use of a false assertion of a copyrighted LOVE image until. That was the essence of McKenzies complaint: Defendants deceive[ ] the general public and the relevant market that they have a copyright to LOVEi.e.,

Public Domain 52

Public Domain Licensing Copyright False Advertising 52