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. They offer memberships to home inspectors, who typically inspect homes prior to home sales; they are currently the only two national bodies of this type.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he Sports Mall operates its own website. Query: are there actual damages?

False Advertising 45

False Advertising Advertising Advertising Copyright 45

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 14, 2023

The allegedly false statements made various claims about the precarity of CSPs/FedEx’s responsibility therefor, such as, after referencing the economic changes over the past 12 months, “there has been no financial adjustment in any capacity”; the “average FedEx Ground business run by a CSP currently operates on profit margins below 0%”; since the Q4 (..)

False Advertising 59

False Advertising Advertising Advertising Business 59

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

. § 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

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 ®.

Fair Use 59

Fair Use IP Trademark False Advertising 59

43(B)log

OCTOBER 9, 2023

They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.” False advertising, Amazon defendants: The complaint didn’t explain how any of the statements about the Brand Registry were false or misleading.

Advertising 72

Advertising Advertising Branding Branding 72

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. The trial court anti-SLAPPED that lawsuit. The appeals court affirms. I’ll concentrate on the Section 230 discussion.

False Advertising 105

False Advertising Publishing Advertising Advertising 105

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). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” sought to send the case to arbitration. 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

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2020: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2019: [link]. 2018: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

APRIL 15, 2024

Eat Just, GMI’s parent company, filed an ITU for a stylized GOOD Meat mark in 2020; in 2021, defendants entered into agreements granting their security interests in the intent-to-use application to a third party, and also Eat Just assigned the entirety of its business having an interest in the GMI mark to GMI.

False Advertising 64

False Advertising Advertising Advertising 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.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

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 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

JUNE 8, 2024

In 2020, the plaintiff learned that “Defendant was using Plaintiff’s Marks in online tamale advertisements and in Google AdWords, which placed Defendant’s products above Plaintiff’s products in search results for the phrase ‘Texas Tamale.'” Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Trademark 129

Trademark Advertising Advertising False Advertising 129

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising 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. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y. Navatar provides cloud-based customer relations management software services to global financial customers.

Advertising 45

Advertising Advertising False Advertising Marketing 45

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

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 14, 2021

Beyond 79, LLC, 2020 WL 9848431, No. 15, 2020) Previous opinion. Previously, some false advertising claims were dismissed, but claims “based on the Today Show-related advertising” were sufficiently pled. Express Gold Cash, Inc. 18-CV-00837 EAW (W.D.N.Y.

False Advertising 45

False Advertising Advertising Advertising Television 45

43(B)log

SEPTEMBER 22, 2021

2020 WL 8509658, No. 23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. (Not 2020 WL 8510342, No.

False Advertising 45

False Advertising Advertising Advertising Privacy 45

43(B)log

SEPTEMBER 1, 2021

False advertising/passing off: Same basic problems. But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021. as a result of the dispute with Defendants and their continued unauthorized use of the Peaky Blinders” marks.

Social Media 93

Social Media Television False Advertising Artistic Work 93

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. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?).

Trademark 110

Trademark Advertising Advertising Settlement 110

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. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

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

SEPTEMBER 10, 2021

2020 WL 9422352, No. 14, 2020) BHRS, which makes water cooler products, sued its competitor Brio for state and federal false advertising and trade libel. Brio Water Technol. 2:20-CV-07652-JWH-JCx (C.D.

False Advertising 45

False Advertising Social Media Advertising Advertising 45

43(B)log

AUGUST 17, 2021

It sought to represent a class bringing state law claims for fraudulent concealment, unfair business practices, and false advertising. 2020), the plaintiff needed to allege that it lacked an adequate remedy at law, which it did not allege. The court granted the motion to dismiss. Premier Nutrition Corp., 3d 834 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. 2020), held that past purchasers couldn’t maintain an injunctive class.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

SEPTEMBER 13, 2024

In addition, ITW didn’t show actual injury; in the Second Circuit, literal falsity alone isn’t enough to presume injury in the absence of comparative advertising as well as direct competition. This wasn’t comparative advertising (or a two-player market). Epoxy: In J-B Weld Co., Gorilla Glue Co., 3d 778 (11th Cir.

Advertising 59

Advertising Advertising False Advertising Marketing 59

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

JULY 1, 2024

In 2020, Dr. Moline and several co-authors published an article in the widely read Journal of Occupational and Environmental Medicine. The opinion “focused on the weight to be given to Dr. Moline’s public statements is by suing her for trade libel, fraud, or false advertising.” Reliance was not plausible.

Journalism 64

Journalism False Advertising Publishing Litigation 64

43(B)log

DECEMBER 29, 2022

In 2020, Jackson “happened to be in the proximity” of MedSpa’s location. “At Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. False advertising: Same. 12, 2022) Jackson, aka 50 Cent, is a famous artist.

Blogging 59

Blogging False Advertising Advertising Advertising 59

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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