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. T]he one showed in the application is not mine.” Coca-Cola Company, 38 F.4th

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

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. 2022 WL 4021776 (N.D. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. Apple, Inc.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

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. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ Alcon Vision, LLC v.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

Marketing 56

Marketing Marketing False Advertising Advertising 56

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

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 52

Law False Advertising Advertising Advertising 52

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. More Posts About Keyword Advertising. It has never offered its services through Groupon.

Trademark 82

Trademark Advertising Advertising Settlement 82

LexBlog IP

SEPTEMBER 2, 2022

2022 continues to be the Year of the Review for consumer protection law enforcers. The complaint details efforts to post purchased positive reviews through “‘drip campaigns’ which involve ‘the steady flow of reviews’” that were designed to make the reviews appear natural and organic.

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

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

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

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. A notice of allowance issued in 2022. The false advertising claims are based on the allegation that the defendants falsely advertise and promote their cultivated meat products as “real meat, made without.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

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. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. In Microsoft v.

IP 112

IP Copyright Trademark Intellectual Property 112

LexBlog IP

FEBRUARY 1, 2023

22-148 , both before and after the petition for certiorari was granted on November 21, 2022. VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. VIP Products LLC , Docket No. ” Id. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. The roles of business and consumer have been applied flatly and wrongly. A: they are very close.

Law 119

Law Branding Brands Branding 119