43(B)log

OCTOBER 12, 2021

2021 WL 4622504, No. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising 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 false advertising to doctors.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 27, 2021

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.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 9, 2022

The Sports Mall LLC, 2021 WL 6804246, No. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1) False advertising under the Lanham Act: The court identified two theories. (1) Kevorkian v.

False Advertising 59

False Advertising Advertising Advertising Copyright 59

43(B)log

SEPTEMBER 16, 2021

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Neo4j, Inc. 5:18-cv-07182-EJD (N.D. I still don’t know what that means, but ok.]

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

AUGUST 11, 2021

2021 WL 1236106, Nos. International Code Council, Inc. UpCodes, Inc., 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

False Advertising 83

False Advertising Copying Advertising Advertising 83

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

AUGUST 26, 2021

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.

False Advertising 72

False Advertising Advertising Advertising Business 72

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

False Advertising 72

False Advertising Advertising Advertising Litigation 72

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 Designs 59

43(B)log

APRIL 15, 2024

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 false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

AUGUST 25, 2021

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.

False Advertising 72

False Advertising Advertising Advertising Design 72

43(B)log

AUGUST 26, 2021

2021 WL 1253803, No. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation 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.

Designs 64

Designs Design Copying Copyright Infringement 64

43(B)log

SEPTEMBER 20, 2021

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 false advertising 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.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

SEPTEMBER 7, 2021

Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! 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. Wakefern Food Corp.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JUNE 15, 2022

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 false advertising.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising 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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 4, 2024

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.

Contracts 90

Contracts Design Designs Publishing 90

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.

False Advertising 45

False Advertising Branding Brands Branding 45

43(B)log

JULY 6, 2022

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.

False Advertising 59

False Advertising Designs Design Advertising 59

43(B)log

AUGUST 31, 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.

Technology 59

Technology False Advertising Invention Patent Infringement 59

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

43(B)log

JULY 25, 2024

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.

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint did “narrowly” state a claim. and [the] Coach” brand.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

SpicyIP

SEPTEMBER 20, 2021

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.

Artistic Work 64

Artistic Work Intellectual Property Law Journalism Intellectual Property 64

43(B)log

SEPTEMBER 16, 2021

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 18, 2021

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, false advertising, and unfair competition. 11-5052-JLV (D.S.D.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

43(B)log

OCTOBER 7, 2021

2021 WL 518021, No. 11, 2021) ShopRite sells organic vanilla soymilk. These cases provide great evidence that false advertising 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?

False Advertising 45

False Advertising Advertising Advertising Trademark Law 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. II), 2021 WL 3878654, No. Pulaski & Middleman, LLC v. Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 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

FEBRUARY 9, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Confidentiality 59

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. 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.

Blogging 133

Blogging False Advertising Law Advertising 133

43(B)log

AUGUST 10, 2021

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.

Advertising 59

Advertising Advertising Design Designs 59

43(B)log

SEPTEMBER 10, 2021

18-30182-beh, 2021 WL 1347193 (E.D. 30, 2021) Previous denial of injunctive relief. There are a number of opinions in this case—the judge spent time on this rather unusual false advertising analysis in a bankruptcy case, including taking care with the expert evidence. 18-30182-beh, 2021 WL 1347160 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 25, 2021

Concussion Management, LLC, 2021 WL 978823, No. 16, 2021) ImPACT provides training and software, including a proprietary evaluation system. They are “the only software-based neurocognitive tests that have been cleared and designated … as Class II medical devices for use as an aid in the assessment and management of concussions.”

False Advertising 59

False Advertising Advertising Advertising Government 59

Technology & Marketing Law Blog

AUGUST 17, 2021

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.

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

SEPTEMBER 22, 2021

3d -2021 WL 472915, No. 9, 2021) Alleged ambiguity didn’t save AB from this false advertising 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.”

Advertising 59

Advertising Advertising False Advertising Government 59

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.

Designs 69

Designs Design Branding Branding 69