43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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

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.

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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. 2022 WL 4112360 (N.D. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. Case citation : Alkutkar v.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

43(B)log

DECEMBER 16, 2022

1-22-0662, 2022 IL App (1st) 220662-U (Ill. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement. The relevant policies provided liability coverage for personal and advertising injury.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

43(B)log

JUNE 15, 2022

2022 WL 1599712, No. 19, 2022) The parties compete in the market for energy drinks. Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82

Artwork Contracts Art False Advertising 82

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

43(B)log

AUGUST 25, 2022

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled.

False Advertising 45

False Advertising Ownership Advertising 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

FEBRUARY 7, 2022

2022 WL 343911, No. 4, 2022) A rare plausible fraudulent concealment scenario to toll the limitations period! So too for breach of contract claims: CUTPA provides that “[a]n action under [CUTPA] may not be brought more than three years after the occurrence of a violation.” Nestlé Waters North America, Inc.,

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

MARCH 23, 2022

Top Shelf Golf, LLC, 2022 WL 834790, No. 21, 2022) Weird edge case! Motogolf bought online ads on a pay-per-click contract “wherein ads would stop appearing to others if they were clicked a certain number of times in a given period.” Motogolf.com, LLC v. 2:20-cv-00674-APG-EJY (D.

Advertising 45

Advertising Advertising False Advertising Contracts 45

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

JANUARY 3, 2023

Target, 2022 WL 18027615, No. 30, 2022) Plaintiffs sued for breach of express warranty under New York and California law, violation of the New York General Business Law (“GBL”) §§ 349 and 350, and the usual California claims. Rodriguez v. 2982 (LGS) (S.D.N.Y.

Contracts 108

Contracts Marketing Marketing Law 108

43(B)log

MARCH 6, 2024

In June 2022, “SouthState documented the mutual agreement” reached by Qoins and SouthState that the banking relationship between them would terminate, effective July 20, 2022. The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel.

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

MARCH 9, 2022

2022 WL 667780, No. 4, 2022) Brown Bottling alleged that it had the exclusive bottling, distribution, and sale rights for Pepsi & Dr. Pepper soft drinks in an exclusive geographic territory encompassing much of central and southern Mississippi, as well as two counties in Alabama. Brown Bottling Gp. Imperial Trading Co.,

False Advertising 59

False Advertising Trademark Marketing Marketing 59

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived.

Marketing 45

Marketing Marketing False Advertising Contracts 45

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. False advertising: The allegations identified “merely describe the supposed underlying trademark infringement.” 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Design 72

43(B)log

JULY 6, 2022

2022 WL 2383722, No. 28, 2022) BD and its subsidiary (BD) sell urologic devices and supplies, including catheter trays, which compete with Medline’s. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. Becton, Dickinson & Co. Medline Indus.,

False Advertising 45

False Advertising Design Designs Advertising 45

Indiana Intellectual Property Law

FEBRUARY 23, 2023

MaddenCo owns Copyright Registration Number TX0009171151 entitled “The Tire Dealer System” with an effective registration date of August 26, 2022. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. According to the complaint, both Defendants Reed and Darby were employed by MaddenCo.

False Advertising 40

False Advertising Confidentiality Copyright Infringement Contracts 40

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't?

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

JANUARY 13, 2022

2022 WL 103541, No. 11, 2022) Plaintiffs filed a putative class action “on behalf of themselves and persons who opted into Coinbase’s $1.2 Whether the court or the arbitrator would determine which contract applied was an issue “for judicial determination unless the parties clearly and unmistakably provide otherwise.”

Contracts 59

Contracts Advertising Advertising Government 59

43(B)log

SEPTEMBER 26, 2022

2022 WL 4367597, No. 21, 2022) Demetres, a real estate salesperson/broker, alleged that Zillow violated the Lanham Act, the Sherman Act, and the Connecticut Unfair Trade Practices Act, and engaged in tortious interference with contractual relationships. Demetres v. Zillow, Inc., 3:21cv00802 (JBA) (D.

Government 45

Government Law Advertising Advertising 45

43(B)log

FEBRUARY 7, 2022

2022 WL 320952, No. Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. Wound Care Concepts, Inc. Vohra Health Services, P.A., 19-62078-CIV-SMITH (S.D. Defendants (with one exception) are physician practice groups and their management company.

Advertising 45

Advertising Advertising False Advertising Contracts 45

43(B)log

FEBRUARY 21, 2022

19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. 17, 2022) NordicTrack allegedly can’t achieve or maintain the continuous horsepower defendants represented the treadmills were capable of. Icon Health & Fitness, Inc., They needed to file an amended complaint specifying when they gave pre-suit notice, though.

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

SEPTEMBER 2, 2022

2022 WL 3974259, No. 31, 2022) This is a lawsuit arising from Coinbase’s $1.2 Life insurance contracts are not “tangible chattels.” Marden-Kane, Inc., 21-cv-04539-SK (N.D. million Dogecoin (DOGE) sweepstakes in June 2021.

Contracts 59

Contracts Business Law False Advertising 59

43(B)log

JUNE 16, 2022

2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Omaze, Inc.,

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. Pan 4 America, LLC v. DLB-21-401 (D.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

MAY 3, 2023

2022), the court of appeals reversed, though it did affirm the dismissal of warranty claims. The breach of warranty claims were properly dismissed because MacNaughton failed to allege proper notice and privity of contract. 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 29, 2022

C20-1018-DGE, 2022 WL 1215529 (W.D. And the Patent Act dosen’t preempt “fraud/misrepresentation-based state or federal unfair competition laws, nor state contract and tortious interference laws, as they address conduct beyond mere infringement or noninfringement.” Studio 010 Inc. Digital Cashflow LLC, No.

Advertising 45

Advertising Advertising Contracts Patent 45

43(B)log

APRIL 26, 2022

2022 WL 912890, No. Nor did an arbitration provision in contracts for advertising after May 2018 defeat adequacy and typicality. DZ Reserve v. Meta Platforms, Inc., 3:18-cv-04978-JD (N.D. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124