43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. In re Windstream Holdings, Inc., 21-CV-4552 (CS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 29, 2022

2022 WL 1203742, No. 22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements. Zillow, Inc.,

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

False Advertising 59

False Advertising Advertising Advertising Litigation 59

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

OCTOBER 29, 2021

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 false advertising claim. Materials revealed in discovery can support a finding of good cause.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. But Defendants have brought on themselves these unfortunate consequences through their false advertising.”

False Advertising 56

False Advertising Advertising Advertising Social Media 56

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. The Court granted Defendant’s motion for two reasons.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The First Amendment has long coexisted with no-fault false advertising laws. citing both UCL and Lanham Act claims, including false advertising claims.] “The

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False Advertising Advertising Advertising Artistic Work 59

43(B)log

MARCH 4, 2022

2022 WL 621815, No. 3, 2022) Plaintiffs sued the makers of Dude Wipes [I really must ask: are men ok?] for falsely advertising them as “flushable” under California’s CLRA/UCL/FAL, NY’s GBL, Illinois’s ICFA, and breach of warranty. Dude Prods., 21-cv-00682 (N.D.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

MARCH 3, 2023

2023 WL 2298748, 2022-1433 (Fed. TRUSTID lost both patent infringement and Lanham Act false advertising claims. Next Caller’s Head of Sales instructed his team to “jack that stat or make up a number like 8%” for Next Caller’s product, so Next Caller advertised VeriCall as providing a 10 percent increase in IVR containment rates.

False Advertising 59

False Advertising Advertising Advertising Patent Infringement 59

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Allied Modular Building Systems, Inc.

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Advertising Advertising False Advertising Trademark 111

43(B)log

MARCH 4, 2022

BPI Sports, LLC, 2022 WL 612669, No. 2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. ThermoLife Int’l LLC v. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

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False Advertising Advertising Advertising Licensing 56

Erik K Pelton

DECEMBER 20, 2022

Here are the biggest trademark stories of 2022 that we have been following at EMP&A. The application was initially approved and published for opposition in June 2022. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. © 2022 Erik M.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

APRIL 25, 2022

Pacifici, 2022 WL 889275, No. 25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

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False Advertising Advertising Advertising Reporting 45

43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

JD Supra Law

MARCH 31, 2022

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant baker’s motions for judgment as a matter of law on trade secrets misappropriation and false advertising claims.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. De Simone v. VSL Pharmaceuticals, Inc.,

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

JD Supra Law

MAY 16, 2022

When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion. But could a competitor sue under the Lanham Act if those "local" goods are actually shipped over from a neighboring state? A lack of "verifiable factual.

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False Advertising Advertising Advertising 52

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2125492, No. 14, 2022) Discussion of opinion below , which had more clownish behavior; the issue on appeal is narrower. American Society of Home Inspectors, Inc. International Ass’n of Certified Home Inspectors, F.4th 21-1087 (10th Cir. But wasn’t InterNACHI alleging sole competition?

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

OCTOBER 9, 2023

He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

Advertising 72

Advertising Advertising Branding Brands 72

43(B)log

JANUARY 23, 2023

8:22-cv-827-JVS-KESx, 2022 WL 18396275 (C.D. 12, 2022) Reconsidering its previous decision as to the Lanham Act claim , the court granted a preliminary injunction against counterclaim defendant Santos dba OSD. Still, a portion of the decline could still be attributable to the false statement. Santos Elecs.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MARCH 9, 2022

4th -, 2022 WL 664918, No. 7, 2022) Plaintiffs sued defendants for violating § 1125(a). A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. “The

False Advertising 40

False Advertising Advertising Advertising Litigation 40

43(B)log

MARCH 14, 2023

Its principal, Patton, allegedly promoted the business “by creating a fictionalized crisis between [FedEx] and its ISPs and TSPs as an advertisement for the purported need for Route Consultant’s consultancy and other services.” Was this “commercial advertising or promotion”? For “[a]lmost all of the.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 30, 2022

American Marriage Ministries, 2022 WL 2317439, No. 28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 26, 2022

3d 444, 2022 WL 16640767, 2022 N.Y. 3, 2022) The trial court found Image liable for false advertising of an unapproved medical procedure (removing fat cells and reinjecting them elsewhere in the patient’s body). Image Plastic Surgery, LLC , N.Y.S.3d 3d -, 210 A.D.3d 06181 (App.

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False Advertising Advertising Advertising 45

43(B)log

AUGUST 1, 2022

3d -, 2022 WL 3008304, 138 Nev. 28, 2022) The state supreme court denied mandamus against a district court order reinstating a deceptive trade practices complaint based on false claims about the safety of tobacco products. Plaintiffs also sufficiently pled that they were directly harmed by RJR’s false and misleading advertising.

False Advertising 59

False Advertising Advertising Advertising Law 59

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JUNE 22, 2022

2022 WL 2205263, -- F. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, Plateau Casualty Ins. Securranty, Inc., 3d --, No. 2:22-cv-00007 (M.D.

Advertising 72

Advertising Advertising False Advertising Contracts 72

JD Supra Law

JANUARY 10, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. Next Caller, Inc.,

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Evanston Ins.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Case Citation : Edible IP, LLC v. 1-800 Contacts v. Greenberg v.

IP 141

IP Advertising Advertising Trademark Law 141

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other. The parties compete in the market for skid steer attachments and other products.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way.

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False Advertising Advertising Advertising Patent 69