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.

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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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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.

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43(B)log

OCTOBER 1, 2021

2021 WL 409835, No. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Elias Indus., Kissler & Co., 20-CV-01011-CCW (W.D. Kissler is a plumbing repair part manufacturer and distributor that primarily sells non-OEM parts.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising. 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. Reyes & Adler v.

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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. no preservatives added.

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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.”

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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.

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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.

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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.

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43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 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. . …

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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. Tortious interference: same.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

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.” Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

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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.

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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?

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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

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.

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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.,

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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.,

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43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

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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.

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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.

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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.

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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. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

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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.”

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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.

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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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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.

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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.

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43(B)log

SEPTEMBER 8, 2021

Two cases, suggesting a newly discovered litigation vein. 16, 2020) Plaintiffs alleged that representations on the front of Folgers ground coffee cans, including “MAKES UP TO 240 6 FL OZ CUPS,” “MAKES UP TO 210 6 FL OZ CUPS,” and “MAKES UP TO 360 6 FL OZ CUPS,” were false in violation of NY and California laws. 2021 WL 1573719, No.

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43(B)log

NOVEMBER 8, 2021

2021 WL 5144552, No. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but also soybean oil and artificial flavors. Bimbo Bakeries USA, Inc., 20-CV-8923 (JMF) (S.D.N.Y. Judge Furman relied on In re 100% Grated Parmesan Cheese Mktng.

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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. Relying on TransUnion LLC v.

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Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. Emerson Quiet Kool Co. Civil Action No. 20-1652-LPS (D.Del.

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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. By Memorandum Opinion entered by the Honorable Richard G. Andrews in Peleton Interactive, Inc. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

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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. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 2023 WL 8006602, MDL No. 22-542 (W.D.

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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.”

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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.

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