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

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim. The Court agrees.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

False Advertising 72

False Advertising Advertising Advertising Registration 72

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. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others. Sycamore, Nos.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

OCTOBER 11, 2022

Soman , 2022 WL 4627711, -- F. 30, 2022) After previously winning a preliminary injunction , plaintiff (Tofurky) got Arkansas’s prohibition on using meat terms to describe non-meat products permanently enjoined, some entirely and some as applied to its conduct. Turtle Island Foods SPC v. 3d --, No. 4:19-cv-00514-KGB (E.D.

Law 56

Law False Advertising Designs Design 56

43(B)log

MARCH 31, 2023

“Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” In 2022, a distant relative was appointed as administrator of the Estate, which then sued.

Ownership 59

Ownership Art Copyright Registering Trademarks 59

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. at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

APRIL 26, 2022

Johnson & Johnson, 2022 WL 1075421, D077945 (Cal. 11, 2022) Long opinion, as you might expect for a big verdict. The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation.

Advertising 59

Advertising Advertising Marketing Marketing 59

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. If something isn’t protected by IP, it’s free for copying. We like copying!

Law 119

Law Branding Brands Branding 119