43(B)log

OCTOBER 11, 2021

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.

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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

SEPTEMBER 29, 2021

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).

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43(B)log

NOVEMBER 19, 2021

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 false advertising violations.

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43(B)log

SEPTEMBER 9, 2021

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 false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products.

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43(B)log

SEPTEMBER 28, 2021

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 false advertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc.

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43(B)log

SEPTEMBER 28, 2021

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 false advertising claims don’t. Vampire Family Brands, LLC v. MPL Brands, Inc.,

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43(B)log

SEPTEMBER 22, 2021

2021 WL 765293, No. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03, Inc. Musclegen Research, Inc., 1:16-CV-274 RLW (E.D.

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43(B)log

AUGUST 16, 2021

2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants.

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43(B)log

SEPTEMBER 21, 2021

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

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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.

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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 appeared first on Technology & Marketing Law Blog. Alkutkar joined Bumble in 2016. ” Implications.

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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. 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.

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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.

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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.

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43(B)log

SEPTEMBER 30, 2021

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 false advertising.

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43(B)log

SEPTEMBER 30, 2021

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.”

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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.

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43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived.

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43(B)log

SEPTEMBER 6, 2021

Clean & Sober Media, LLC, 2021 WL 3702243, No. Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. Grasshopper House, LLC v. 19-56008, No.

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43(B)log

AUGUST 25, 2021

2021 WL 930453, No. 11, 2021) Previous opinion. This was allegedly still false and misleading, and First Databank allegedly falsely advertised 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.

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43(B)log

SEPTEMBER 23, 2021

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.

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43(B)log

SEPTEMBER 27, 2021

2021 WL 4149782, No. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. American Family Care, Inc.

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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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43(B)log

APRIL 15, 2024

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.

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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 3, 2021

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 false advertising, and RICO violations. Children’s Health Defense v. Facebook Inc., 20-cv-05787-SI (N.D.

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43(B)log

SEPTEMBER 14, 2021

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.

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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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43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises 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.,

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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.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” 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.

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43(B)log

AUGUST 24, 2021

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 false advertising and the misappropriation of trade values as in the case of other kinds of torts. Lontex Corp.

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Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” amended opinion July 21, 2021).

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43(B)log

AUGUST 20, 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.

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43(B)log

NOVEMBER 19, 2021

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.,

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43(B)log

SEPTEMBER 30, 2021

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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