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In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act falseadvertising claim survived.
2021 WL 4170997, No. 14, 2021) Dawgs alleged that Crocs falselymarketed 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.
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.
Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation 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. TFL’s website allegedly provides a variety “Affiliate Marketing Resources,” and its marketing director’s LinkedIn profile states that his duties include “Run[ning] and monitor[ing] marketing campaigns.” Quick Box, LLC, 2021 WL 1293862, No. 7, 2021) A similar case. Fulfillment Lab, Inc.,
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.
2021 WL 4460806, No. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. Injury: Certified alleged monetary damages in the form of lost customers, reduced profits, additional advertising costs, and lost market share. 18-cv-0744 W (KSC) (S.D.
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.
It Works Marketing, Inc. 2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants).
United States, 2021 WL 5371406, No. 18, 2021) I can’t improve upon the court’s excellent summary and won’t try, instead joining in the call for FTC/AGs etc. That the producer defrauded consumers is of no moment for antidumping purposes, as the Department lacks jurisdiction to police falseadvertising violations.
2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do have a big question, but there are also falseadvertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products.
Roach, 2021 WL 4134836, No. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur’s desire to bring forth a claim for falseadvertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc.
CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive a motion to dismiss, but associated falseadvertising claims don’t. Vampire Family Brands, LLC v. MPL Brands, Inc.,
2021 WL 765293, No. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for falseadvertising and related claims, and Musclegen counterclaimed similarly. SI03, Inc. Musclegen Research, Inc., 1:16-CV-274 RLW (E.D.
2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit falseadvertising case. Marketing Defendants allegedly falselyadvertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants.
3d -, 2021 WL 790638 (S.D.N.Y. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the pandemic. In re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), F.Supp.3d
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, falseadvertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act.
He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for falseadvertising. In January 2021, Bumble sought to add an arbitration clause to its TOS. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar joined Bumble in 2016. ” Implications.
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. True, the plaintiff in Lexmark sold to customers too, but it was allegedly 100% or nearly of the market, which doesn’t seem to be the case here.
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 falseadvertising, among other claims.” Roberto Coin, Inc. Goldstein, No.
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.
Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. 12, 2021) Another timeshare company v. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. Regardless of which standard applied, Diamond successfully alleged contributory falseadvertising.
2021 WL 1580827, No. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of what’s misleading to a reasonable consumer. Westbrae Natural, Inc., 20-cv-03221-JSC (N.D. Such an inference is just too far a reach.”
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.
I’m only going to discuss the false association/falseadvertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act falseadvertising. The false association/coordinate state law claims survived.
Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for falseadvertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for falseadvertising through a purportedly unbiased, independent site. Grasshopper House, LLC v. 19-56008, No.
2021 WL 930453, No. 11, 2021) Previous opinion. This was allegedly still false and misleading, and First Databank allegedly falselyadvertised that it “compile[s]” the relevant information in its database and for its coding determinations from the FDA and from manufacturers, such as Alfasigma. Alfasigma USA, Inc.
Fed.Appx. -, 2021 WL 2025153, No. May 21, 2021) The parties compete in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. SoClean controls approximately ninety percent of the market while 3B controls about five percent.
2021 WL 4149782, No. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to falseadvertising cases—look at the reasons this falseadvertising claim fails. AFC sued MedHelp for Lanham Act falseadvertising. American Family Care, Inc.
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.
It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GOOD Meat, Inc., 3d - , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D. Disfavors confusion.
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 FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.
2021 WL 2662064, No. 29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, Lanham Act falseadvertising, and RICO violations. Children’s Health Defense v. Facebook Inc., 20-cv-05787-SI (N.D.
Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. IHS Global Ltd. 2:18-cv-01025-DCN (D.S.C.
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.”
Fresh Bourbon allegedly falselyadvertises 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. POM Wonderful LLC v. Coca-Cola Co.,
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.
.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Case citation : Hepp v.
2021 WL 3170600, No. 27, 2021) A rare choice of law opinion involving competitors. For all these reasons, the place of injury does not play so important a role for choice-of-law purposes in the case of falseadvertising and the misappropriation of trade values as in the case of other kinds of torts. Lontex Corp.
Courts have rejected Section 230 defenses against claims for falseadvertising, deceptive trade practices, and tortious interference. This opinion tacks on more ideas: falseadvertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” amended opinion July 21, 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. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.
6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,
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.”
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