43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

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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. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 22-542 (W.D.

Advertising 57

Advertising Advertising Marketing Marketing 57

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Managing Intellectual Property (MIP) magazine recently recognized Fish & Richardson Associate Vivian Cheng as one of its 2021 “Rising Stars.” Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

SEPTEMBER 6, 2021

Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. Grasshopper House, LLC v. 19-56008, No. 19-56072, Fed.Appx. - (9 th Cir.

False Advertising 67

False Advertising Advertising Advertising Trademark 67

43(B)log

SEPTEMBER 16, 2021

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. 20-15742 (9 th Cir. no preservatives added.

False Advertising 48

False Advertising Advertising Advertising Litigation 48

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.”

Advertising 84

Advertising Advertising False Advertising Trademark 84

43(B)log

OCTOBER 26, 2021

Sussman, 2021 WL 4948099, No. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.”

False Advertising 57

False Advertising Advertising Advertising Contracts 57

BYU Copyright Blog

APRIL 25, 2022

Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. March 2, 2022, EIF filed an Answer to the Second Amended Complaint.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir.

Advertising 105

Advertising Advertising Trademark Settlement 105

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Indiana Secretary of State indicates that the corporation was created in 2021. The complaint alleges that JV Medical Supplies advertised, promoted, marketed and sold counterfeit products that included use of the BTL’s EMSCULPT trademark.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

IP Tech Blog

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

Technology & Marketing Law Blog

JULY 25, 2021

2021 WL 3117239 (C.D. June 7, 2021). More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v.

Advertising 107

Advertising Advertising Settlement Trademark 107

43(B)log

AUGUST 26, 2021

4th -, 2021 WL 3233953, No. 2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. During the fifteen years of ensuing litigation, Klayman lost several claims at summary judgment and then lost the remaining claims after a jury trial. Judicial Watch, Inc.,

False Advertising 57

False Advertising Advertising Advertising Editing 57

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. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig. (No.

False Advertising 57

False Advertising Advertising Advertising Business 57

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. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

OCTOBER 7, 2021

2021 WL 565813, 2d Civil No. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. Grundman v. Tranik Enters., B297024 (Cal. The watches work and there was nothing wrong with the internet sales of these watches.” How’s this going to go?

Litigation 57

Litigation Advertising Advertising Marketing 57

LexBlog IP

JANUARY 10, 2022

In January 2021, I noted that the U.S. A similar pattern emerged at the end of 2021, culminating with eight Section 337 complaints filed between December 15 – 31, 2021. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

JULY 6, 2022

The parties are involved in related patent litigation. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. The allegations were sufficient to state a Lanham Act claim.

False Advertising 57

False Advertising Designs Design Advertising 57

43(B)log

MAY 2, 2022

26, 2022) This opinion resolves challenges to expert testimony in a false advertising class action under NY’s GBL challenging the advertising of Joint Juice as touting benefits of a useless product; both parties win and lose some. Premier Nutrition Corp., 2022 WL 1225031, No. 16-cv-06980-RS (N.D.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

OCTOBER 4, 2021

2021 WL 4340824, No. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity--I'm not sure materiality is really the right characterization, but ok. Cases about false advertising of the source of “services” were inapposite. “[T]he Restellini v. Wildenstein Plattner Inst.,

False Advertising 57

False Advertising Artwork IP Advertising 57

43(B)log

AUGUST 30, 2021

3d -, 2021 WL 2946172 (Jul. Noting that the UTPA is subject to various interpretations and “not a lot of developed case law,” the trial court found that, despite not prevailing, not all of the state’s claims were unreasonable, there were contested legal theories involved, and the case was one that “probably needs to be litigated.”

Advertising 57

Advertising Advertising False Advertising Litigation 57

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. In January 2021, Bumble sought to add an arbitration clause to its TOS. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. Bumble, Inc.

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False Advertising Marketing Marketing Advertising 127

43(B)log

MAY 2, 2022

20-23564-CIV-COOKE/GOODMAN, 2021 WL 8129371 (S.D. 15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. As of October 14, 2021, the Settlement Administrator had received a total of 50,634 claims. Williams v.

Settlement 116

Settlement Advertising Advertising Marketing 116

43(B)log

SEPTEMBER 30, 2021

2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes , they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 44

Advertising Advertising Litigation Blogging 44

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

Social Media 57

Social Media False Advertising Advertising Advertising 57

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes Inc, , 2021 WL 3493764 (N.D.

Blogging 120

Blogging False Advertising Law Advertising 120

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

Law 57

Law False Advertising Social Media Branding 57

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

Advertising 56

Advertising Advertising Copying Technology 56

43(B)log

SEPTEMBER 1, 2021

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 2021 WL 3371938, No. 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the gasoline additive MTBE and/or tertiary butyl alcohol, a product formed by the breakdown of MTBE in water.

Advertising 57

Advertising Advertising Litigation Designs 57

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc. Civil Action No.

Trademark 66

Trademark Advertising Advertising Copying 66

43(B)log

AUGUST 12, 2021

2021 WL 1215869, No. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. Safelite counterclaimed for trade secret theft not related to advertising. Campfield v. Safelite Gp., 2:15-cv-2733 (S.D. can be safe and is viable.”

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

FEBRUARY 7, 2022

H-2 also allegedly misled the market by falsely advertising that its fluoride products have “National Drug Codes,” (“NDCs”), “unique universal product identifier[s] for drugs,” allegedly conveying that the products are prescription drugs. “In But at this early litigation stage, the Court is to take as true all factual allegations.”

False Advertising 54

False Advertising Marketing Marketing Advertising 54

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 57

Social Media Marketing Marketing Advertising 57

43(B)log

AUGUST 25, 2021

Windex Non-Toxic Litig., 2021 WL 3191733, No. 28, 2021) Plaintiffs alleged that SCJ used false and misleading labels that certain of its Windex products have a “non-toxic formula.” Johnson & Son, Inc. 20-cv-03184-HSG (N.D.

Marketing 44

Marketing Marketing Advertising Advertising 44

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Effective July 1, 2021, the Honorable Colm F. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P. Stark, who served the District of Delaware well as Chief Judge since 2014.

False Advertising 75

False Advertising Patent Infringement Advertising Advertising 75

43(B)log

JANUARY 19, 2022

2021 WL 649821, No. The magistrate recommended finding an ACPA violation and awarding attorneys’ fees (there was some litigation misconduct). Marksman Security Corp. Security, Inc., 19-62467-CIV-CANNON/HUNT (S.D. marksmensecurity.com and some other TLDs).

Litigation 44

Litigation Business False Advertising Advertising 44

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

September 2, 2021), is such a decision. The recent decision rendered by The Honorable Leonie M. Brinkema, of the United States District Court for the Eastern District of Virginia, in Thaler v. Hirshfeld et al. Civil Action No. 1:20-cv-903-LMB (E.D.Va.

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Inventor Patent Intellectual Property Patent Law 91