43(B)log

DECEMBER 23, 2021

2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok IP Holdings, LLC v.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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. Compare Kay v. 3d 1014 (N.D.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v. 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

NOVEMBER 5, 2021

2021 WL 5084182, No. 16, 2021) Previous ruling ; new judge still finds the false advertising claims sufficiently pled. A previous version of the complaint alleged false advertising and contributory false advertising, and the latter claim was dismissed; TocMail refiled with a single count of false advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

AUGUST 20, 2021

Winder Laboratories, LLC, 2021 WL 3573118, No. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Contributory false advertising: This required direct false advertising, here either by the databases or pharmacies.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 30, 2021

2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

False Advertising 56

False Advertising Advertising Advertising Marketing 56

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s 2021 FFS. The court summarizes the applicable legal standard: We agree with Southwest Recreational, the Ninth Circuit opinions, and the treatise author [McCarthy] that in the context of internet searches and search-engine advertising in particular, the critical issue is whether there is consumer confusion. Adler, P.C.

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

AUGUST 27, 2021

5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for false advertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. Dynatemp Int’l, Inc. R421A, LLC, No.

False Advertising 45

False Advertising Branding Brands Branding 45

43(B)log

SEPTEMBER 7, 2021

Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

AUGUST 30, 2021

2021 WL 1731604, No. 22, 2021) Rodriguez alleged that Olé’s La Banderita tortillas falsely advertised Mexican origin based on a Mexican flag front and center on the packaging, the phrase “El Sabor de Mexico!” Gruma Corp, 2021 WL 1557748, No. Rodriguez v. Olé Mexican Foods Inc., EDCV 20-2324 JGB (SPx) (C.D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

OCTOBER 11, 2021

18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

OCTOBER 4, 2021

2021 WL 4310576, No. 22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Illinois Tool Works Inc. J-B Weld Co., 3:19-cv-1434 (JAM) (D.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

AUGUST 20, 2021

2021 WL 1132147, Nos. 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. 15md2645, 15mc2645 (S.D.N.Y.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

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. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 98

Advertising Advertising False Advertising Trademark 98

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

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

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

Law 59

Law False Advertising Social Media Branding 59

SpicyIP

APRIL 17, 2023

The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Image from here In this guest post, Alphonsa Jojan highlights how the 2021 Amendment Bill falters, on multiple grounds, in ensuring the upliftment of those who depend on Biodiversity and Traditional Knowledge. Where to lean on?

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

AUGUST 24, 2021

2021 WL 764121, No. 26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Walgreen Co. 5:20-cv-04805-EJD (N.D.

Design 69

Design Designs Branding Brands 69

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 45

Social Media False Advertising Advertising Advertising 45

43(B)log

JULY 25, 2024

It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” In 2021, Videa represented that its AI software can “aid in the diagnosis and prediction of the progression of diseases such as caries or periodontitis.” Overjet, Inc.

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

AUGUST 19, 2021

Shabat, 2021 WL 1146634, No. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. Wilco Trading LLC v. 8:20-cv-579-TPB-JSS (M.D.

Advertising 59

Advertising Advertising Branding Brands 59

43(B)log

AUGUST 17, 2021

Anheuser-Busch, LLC, 2021 WL 3501203, No. Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.” The target of this Action is not Defendant’s use of “a cocktail name as a brand name or fanciful name.” 20-CV-7451 (KMK) (S.D.N.Y.

Marketing 80

Marketing Marketing Branding Brands 80

43(B)log

AUGUST 10, 2021

Drone Whirl LLC, 2021 WL 3474007, No. Using our products description, our pictures that we have taken of our own products even our brand to falsely exploit our reputation, in order to make quick sales. Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D. There are only 3 shops (shop name: ITOMTE, ITOMTE INC.,

Advertising 59

Advertising Advertising Design Designs 59

43(B)log

OCTOBER 7, 2021

Vindex Solutions LLC, 2021 WL 534361, No. 12, 2021) Telebrands sells stuff, including the Hempvana Rocket, a handheld transcutaneous electrical nerve stimulation (TENS) unit, “a pain-relieving pen that uses TENS therapy in the form of direct electrical stimulation to muscles.” Telebrands Corp. 21-cv-00898-BLF (N.D.

Advertising 45

Advertising Advertising Branding Brands 45

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 16, 2021

2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir. if forced to work the problem through. (1)

Branding 59

Branding Brands Branding Advertising 59

43(B)log

AUGUST 23, 2021

2021 WL 1104988, No. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” Monster Energy Co., 20-cv-1409 (LJL) (S.D.N.Y.

Brands 59

Brands Branding Branding Marketing 59

43(B)log

JUNE 27, 2023

or “A Taste of Mexico!”; (b) a Mexican flag on the front and center of the packaging; and (c) the brand name “La Banderita” (or “the flag”), a reference to the Mexican flag displayed prominently on the Products. All the accused products allegedly use: (a) the phrase “El Sabor de Mexico!” Trader Joe’s Co., 4th 874 (9th Cir.

Marketing 100

Marketing Marketing Advertising Advertising 100

Indiana Intellectual Property Law

MARCH 17, 2023

Per the Complaint, Paul Kiley entered The Roller Ready as a Monkey Rung product in the 2021 National Hardware Show, where it was awarded a Retailers’ Choice Award. Roller Ready claims that it has invested significant time, effort and money in building its brand and creating a positive reputation in the market.

Business 40

Business Marketing Marketing Branding 40

43(B)log

SEPTEMBER 17, 2021

2021 WL 2476879, No. 17, 2021) The parties are cloud-based communications companies. Cybersquatting: Could Nextiva be held liable for the acts of its independent contractor “falsely register[ing] at least one domain name strongly suggestive of the RingCentral brand name.” RingCentral, Inc. Nextiva, Inc.,

Business 56

Business Marketing Marketing Registration 56

43(B)log

SEPTEMBER 10, 2021

Kodiak Cakes, LLC, 2021 WL 1698695, No. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. 19-cv-2454-MMA (MSB) (S.D.

Marketing 45

Marketing Marketing Advertising Advertising 45

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. 2021 WL 3117239 (C.D. June 7, 2021). McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v.

Advertising 111

Advertising Advertising Settlement Trademark 111