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In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act falseadvertising claim survived.
2021 WL 4170997, No. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Crocs, Inc. Effervescent, Inc., 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.
Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and falsedesignation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a falseadvertising claim.
2021 WL 1293839, No. Quick Box, LLC, 2021 WL 1293862, No. 7, 2021) A similar case. The relevant defendants provided coaching services on how to apply for, manage, and rotate merchant accounts, as well as designing and implementing advertisements, and participated in a months-long onboarding process with the main defendants.
Carrier & Rebecca Tushnet, An Antitrust Framework for FalseAdvertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that falseadvertising harms competition. Federal law also presumes that falseadvertising is harmless or even helpful to competition. This makes no sense.
Vining, 2021 WL 4344891, No. Falseadvertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere
C21-312 TSZ, 2021 WL 3930694 (W.D. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and falseadvertising violations. Surprisingly, the antitrust claims survive, as do falseadvertising claims agains Zillow. 2:21-cv-00012, 2021 WL 3680717 (D. Zillow Inc., Zillow, Inc.,
2021 WL 4622504, No. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act falseadvertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). Also, and weird to present it this way, Siemens didn’t engage in falseadvertising to doctors.
19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is a lovely example of how clear language can be deployed: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp.
PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. Summary judgment granted on state and federal falseadvertising claims. Falsedesignation of origin: Yep. Neo4j, Inc. 5:18-cv-07182-EJD (N.D. I still don’t know what that means, but ok.]
The Sports Mall LLC, 2021 WL 6804246, No. This alleged chutzpah triggered the falseadvertising element of the case. “[T]he Falseadvertising under the Lanham Act: The court identified two theories. (1) Falseadvertising under the Lanham Act: The court identified two theories. (1) Kevorkian v.
Smash My Trash, LLC, 2021 WL 3354839, No. 2, 2021) Allied, aka Republic, “provides waste and recycling services to business and residential customers in the Kansas City metropolitan area.” This equipment is designed and constructed only to collect a customer’s ordinary waste. Allied Servs., 21-cv-00249-SRB (W.D.
2021 WL 930453, No. 11, 2021) Previous opinion. Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” 2021), provided further guidance, so the law of the case did not control.
11, 2021) A rare bankruptcy/falseadvertising interaction. Of relevance here, Everlog argued that the falseadvertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the falseadvertising was “malicious.”
Lanham Act FalseAdvertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. Malwarebytes Inc, , 2021 WL 3493764 (N.D. In Asurvio v. Malwarebytes Case Library.
2021 WL 1253803, No. 5, 2021) The plaintiff benefits from very generous treatment of its falsedesignation and copyright claims, in the process stripping falsedesignation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson Strong-Tie Company Inc. 20-cv-06957-VKD (N.D.
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 falseadvertising analysis. FireBlok IP Holdings, LLC v.
2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Along with copyright claims, McCleese asserted Lanham Act falseadvertising claims. McCleese v. Natorp’s, Inc., 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.
We informed our readers that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine” on September 22, 2021. The deadline for submission is 20th November, 2021.
24, 2023) Courts in particular kinds of falseadvertising cases say that scientific claims are not falsifiable, even as the majority of workaday falseadvertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.
This sounds like a pretty good argument in favor of Section 230! * * * This case was filed in October 2021, before the latest flood of complaints urging Section 230 workarounds for negligent design claims. It’s not hard to imagine how a negligent design claim could have been structured here. Case citation : Freethinker v.
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 falseadvertising claims.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and falsedesignation of origin, and falseadvertising 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 falseadvertising claims with prejudice.
The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. Nirmel, 2021 WL 3475596 (S.D.N.Y. Case citation : Jim S. Adler, P.C.
Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Perhaps overreacting, Wakefern sued for trademark infringement and falseadvertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. Wakefern Food Corp.
2021 WL 1176242, No. 29, 2021) This is part of a long-running trademark case, now over 10 years old. 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, falseadvertising, and unfair competition. 11-5052-JLV (D.S.D.
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.
5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for falseadvertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falselydesignated their goods. Dynatemp Int’l, Inc.
2021) The parties compete in the micro-irrigation industry, which targets agricultural growers. 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 falseadvertising.
for trademark infringement, falseadvertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021.
Foundation Fitness LLC, 2021 WL 2689852, No. Wahoo acknowledged that it built its products off of pre-existing technology, stating that it “based its design for the control system of the KICKR on the expired, prior art Sargeant patent.” Powerbahn, LLC v. 1:19-cv-1678-AT (N.D.
To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases? Where to lean on?
BD alleged that Medline made false and misleading statements that BD had to change its original design as a result of the patent litigation, that the original was found to infringe one or more of Medline’s patents, that the original was discontinued, and that the reverted design would negatively impact BD’s ability to supply sufficient inventory.
They are: the Unfair Competition Law (UCL); the FalseAdvertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in falseadvertising cases and are cumulative of each other, they have differences. II), 2021 WL 3878654, No. Pulaski & Middleman, LLC v. Google, Inc.,
2021 WL 6804234, No. 22, 2021) Johnson brought a claim on behalf of a putative class that Glock sold defective firearms. Glock, Inc., 3:20-cv-08807-WHO (N.D. He alleged that specific Glock guns’ chambers are “unsupported,” which can cause damage to brass casings and, sometimes, cause the guns to dangerously blow apart.
6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” Meredith Lodging LLC v.
2021 WL 518021, No. 11, 2021) ShopRite sells organic vanilla soymilk. These cases provide great evidence that falseadvertising law does so as well.] Shop-Rite Supermarkets, Inc., 20-CV-763 (CS) (S.D.N.Y. Plaintiffs brought the now-standard vanilla versus vanillin claims. Why disregard the survey?
Drone Whirl LLC, 2021 WL 3474007, No. In relevant part, the Shenzen pamphlet began: We are aware that there are a number of companies who are committing design infringements on our products. Is this legitimate, either under general advertising law, or Amazon policy? Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D.
While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. In 2007, the Ninth Circuit in Perfect 10 v. If Hepp never sent a takedown notice, or if Facebook promptly honored it, I think Facebook should win.
In fall 2023, Overjet launched its “Anatomical Structures Visualization Tool” for Overjet Caries Assist, which introduced the relevant coloring scheme and design. It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” Overjet, Inc.
3d -2021 WL 472915, No. 9, 2021) Alleged ambiguity didn’t save AB from this falseadvertising claim. This was because “national” is also integral to the organic certification program, a main purpose of which was “to create a national, unified standard for organic labelling, designation, and advertising.”
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