IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. StockX Vault NFTs. Recent Developments.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. 2022 WL 4021776 (N.D. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,

Branding 72

Branding Brands Branding Marketing 72

Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

Branding 52

Branding Brands Branding False Advertising 52

43(B)log

JANUARY 27, 2023

2022 WL 18399950, No. 26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

LexBlog IP

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. ” Only the Barilla Tortellini and Barilla Oven Ready Lasagne are made in Italy.

Branding 52

Branding Brands Branding False Advertising 52

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 64

False Advertising Advertising Advertising Design 64

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), We are fiercely protective of the Crocs brand and our iconic DNA. The parties compete in the shoe market.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

MARCH 18, 2022

Fresh Bourbon, LLC, 2022 WL 785039, No. 14, 2022) Both parties are “owned by African Americans, and both sell bourbon.” Fresh Bourbon responded that it distilled its “Fresh Bourbon brand of Kentucky bourbon in cooperation with an appropriately licensed Kentucky distillery.” Victory Global, LLC v. 5:21-62-KKC (E.D.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

MAY 2, 2022

WGACA, LLC, 2022 WL 902931, No. 28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Chanel, Inc. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. Case Citation : Edible IP, LLC v.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sells products under the “Royal Silk” brand. It has never offered its services through Groupon. Groupon, Inc. BONUS: Melwani v. Amazon.com, Inc.,

Trademark 110

Trademark Advertising Advertising Settlement 110

43(B)log

APRIL 15, 2024

A notice of allowance issued in 2022. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. GMI sent a C&D to GMP in April 2022 (whoops!)

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. But using yellow for a saccharin packet might be false advertising, b/c it would communicate the presence of sucralose rather than saccharin. Lemon/lime squirt bottles indicate product and not brand. But genericity is ordinarily thought of as words, not colors.

Trademark 45

Trademark False Advertising Fair Use Branding 45

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers?

Branding 45

Branding Brands Branding False Advertising 45

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 14, 2022

2022 WL 1665453, No. May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. The Lanham Act false advertising counterclaim was dismissed. Alcon Vision, LLC v. Lens.com, Inc., 1:18-cv-00407-NG-RLM (E.D.N.Y.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JANUARY 18, 2022

CV 16-5369 (GRB), 2022 WL 125742 (E.D.N.Y. 13, 2022) Despite the failure of most “vanilla” claims, a metaphorically consumer vanilla false advertising claim can survive the motion to dismiss stage, as this case shows (though claims for breach of warranty and for injunctive relief get tossed, the latter for lack of standing).

False Advertising 45

False Advertising Advertising Advertising Branding 45

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Coca-Cola Company, 38 F.4th 4th 1067 (Fed.

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

MARCH 18, 2022

Broidy, 2022 WL 793029, No. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. Mosafer Inc.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

JULY 15, 2022

2022) Mostly a TM case, with some interesting stuff going on. The sculptures included a logo registered as (1) the cattle brand for the ranch and (2) the trademark of the College.” Gerry Spence’s Trial Lawyers College at Thunderhead Ranch, 2022 WL 2718075, No. Trial Lawyers College v. 4th 1262 (10 th Cir. 1:20-cv-80-JMC (D.

Trademark 45

Trademark False Advertising Advertising Advertising 45

43(B)log

AUGUST 1, 2022

2022 WL 3008706, F.4th 29, 2022) Discussion of district court opinion. ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). International Code Council, Inc. UpCodes Inc., 4th - (2d Cir.

False Advertising 45

False Advertising Law Advertising Advertising 45

LexBlog IP

SEPTEMBER 2, 2022

2022 continues to be the Year of the Review for consumer protection law enforcers. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties. We will be watching this case closely as it proceeds in litigation.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

AUGUST 18, 2022

A-1-CA-38023, 2022 WL 3221810, -- P.3d 9, 2022) Interesting case about trademark preemption. The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Wal-Mart Stores East, LP, No. are of a particular standard [or] quality.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

MAY 3, 2023

2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims. Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.” Relying on Int’l Code Council, Inc. UpCodes Inc., 4th 46 (2d Cir.

Law 40

Law False Advertising Advertising Advertising 40

43(B)log

APRIL 26, 2022

2022 WL 1028024, No. Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. MaxRelief USA, Inc.,

Television 56

Television Social Media Advertising Advertising 56

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Fish & Richardson is proud to announce the elevation of 17 attorneys to principals at the firm, effective January 1, 2022. Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. The new principals include: Michael Ballanco (D.C.);

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. 2022), concerned a company that placed over 1.8 Wakefield v. ViSalus, Inc., 4th 1109 (9th Cir.

Law 59

Law Advertising Advertising False Advertising 59

LexBlog IP

SEPTEMBER 14, 2022

A year ago, the Federal Trade Commission (FTC) announced that as a part of its modified ten-year regulatory review schedule , it would be reviewing and revising its Green Guides in 2022. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims.

Marketing 52

Marketing Marketing Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. The rejection order is authored by Dr. Latika Dawara, Asst. The Toyota judgement was passed by a Single Judge Bench of Justice Amit Bansal.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 28, 2022

3d -, 2022 WL 562827, No. 24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Johnson-Jack v. 3d 1225 (9th Cir.

Marketing 59

Marketing Marketing Law Brands 59

43(B)log

JULY 15, 2022

Core Health & Fitness, LLC, 2022 WL 2751685, F.4th 4th -, 2022 WL 2751685 (6 th Circuit Jul. These references could “perpetuate the ‘perception that’ [Core’s] Freedom Racks were affiliated with the Max Rack brand,” given that the goods were the same, the parties were “potential” competitors, and the mark was identical.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

APRIL 27, 2022

2022 WL 1062050, -- F. 8, 2022) The court dismissed claims that “Nestlé Toll House Premier White Morsels” misleads consumers to believe that it contains white chocolate. As plaintiffs pointed out, the relevant context includes the Nestlé brand name and the placement of the product next to chocolate chips in grocery store baking aisles.

Branding 45

Branding Brands Branding Business 45

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. But: “Famous trademark holders use their marks to brand and market all sorts of goods—some of which are artistic in nature…. MGFB Properties, Inc. Viacom Inc, No. 21-13458 (11th Cir. The court of appeals affirms, on Rogers v.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 17, 2022

17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. 11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. In re: Elysium Health-ChromaDex Litigation, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59