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

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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

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 59

Branding Brands Branding False Advertising 59

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

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

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 59

False Advertising Law Advertising Advertising 59

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