43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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.

False Advertising 105

False Advertising Publishing Advertising Advertising 105

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.

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

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] 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.'” ” Say what? .”

Trademark 129

Trademark Advertising Advertising False Advertising 129

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.” appeared first on Technology & Marketing Law Blog.

False Advertising 98

False Advertising Government Privacy Designs 98

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

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.

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. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

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

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

43(B)log

FEBRUARY 6, 2025

3, 2025) Metrasens and plaintiff KDI compete in the market for ferromagnetic detectors, used to detect magnetic items (such as iron) on a persons body or clothing before the person enters a room containing an MRI scanner. In late 2020, KDI told Metrasens that the Intertek unit tested was an old version. Kopp Development, Inc.

Advertising 52

Advertising Advertising Marketing Marketing 52

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

NOVEMBER 19, 2021

Plaintiff alleged that the potential purchasing public was homeowners under contract with it in Lincoln and Deschutes Counties, because that was where the calls with allegedly false claims went, but didn’t explain why that was the market and not also two other counties where plaintiff alleged similar homes were located. In Grubbs v.

Advertising 59

Advertising Advertising Marketing Marketing 59

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. Groupon appeared first on Technology & Marketing Law Blog. Reyes & Adler v.

Trademark 110

Trademark Advertising Advertising Settlement 110

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 49

Advertising Advertising False Advertising Copyright 49

43(B)log

SEPTEMBER 13, 2024

9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising.

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. 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.

Advertising 45

Advertising Advertising False Advertising Marketing 45

43(B)log

SEPTEMBER 14, 2021

Beyond 79, LLC, 2020 WL 9848431, No. 15, 2020) Previous opinion. The parties compete in the market for buying gold from ordinary people. The Today Show received the highest offer from Defendant, which offered 90% of market value. Express Gold Cash, Inc. 18-CV-00837 EAW (W.D.N.Y.

False Advertising 45

False Advertising Advertising Advertising Television 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. It may have been reasonable for it to assume the bags’ marketability.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

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

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

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

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

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

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

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 Branding Brands 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 Branding Brands 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. Is this an organized campaign to penetrate the relevant market?

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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. Thus, Nutramax would likely show literal falsity.

Branding 72

Branding Branding Brands Marketing 72

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. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

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

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. 2021) The parties compete in the micro-irrigation industry, which targets agricultural growers.

False Advertising 45

False Advertising Advertising Advertising Blogging 45

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. A jury could readily conclude that “Plaid and PNC provide far different services and market to very different customers.”

Advertising 52

Advertising Advertising False Advertising Designs 52