2021 False Advertising Litigation 
43(B)log
APRIL 18, 2023
ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.
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.
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43(B)log
AUGUST 20, 2021
Holsinger, 2021 WL 3617153, No. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend the life of the shingles.” Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act.
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. Campfield v. Safelite Gp., 2:15-cv-2733 (S.D. Safelite counterclaimed for various business torts/CFAA violations. can be safe and is viable.”
Delaware Intellectual Property Litigation Blog
MAY 15, 2021
May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test.
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.
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.”
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