43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. Next Caller, Inc. Civil Action No. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JUNE 30, 2022

American Marriage Ministries, 2022 WL 2317439, No. 28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Universal Life Church Monastery Storehouse v. C19-0301RAJ (W.D.

False Advertising 59

False Advertising Advertising Advertising Business 59

IPilogue

DECEMBER 15, 2022

The artists also mimicked Vogue’s promotional activities by distributing copies of the fake magazine in North America’s largest metropolitan areas, including New York, Los Angeles, Atlanta, Miami, Houston, and Toronto, and plastering posters of the counterfeit cover along streets and buildings in these cities.

Social Media 105

Social Media False Advertising Copying Trademark 105

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S Ripps’s collection has sold out in 15 days, producing a revenue of 1,023.03

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet The CourtListener page.

Advertising 111

Advertising Advertising False Advertising Trademark 111

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

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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. 2:22-cv-00007 (M.D.

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

OCTOBER 31, 2022

8:22CV314, 2022 WL 15523245 (D. 27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. Lite-Netics, LLC v. Nu Tsai Capital LLC, NO.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

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 Design 72

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

Advertising 49

Advertising Advertising False Advertising Copyright 49

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. This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 3:21-cv-00545 (M.D. 1” therein.

False Advertising 72

False Advertising Ownership Registration Design 72

43(B)log

JANUARY 17, 2023

2022 WL 18278580, No. 22, 2022) Interesting Dastar case thrown up by Westlaw. As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. False advertising: Sybersound Recs., Livn Worldwide Ltd.

False Advertising 59

False Advertising Ownership Copyright Copying 59

The IPKat

JUNE 13, 2022

The case was brought by Lavinia Deborah Osbourne (founder of Women in Blockchain Talks) against Ozone Networks (trading as OpenSea) in January 2022, after two NFT artworks that she had purchased from the Boss Beauties collection were taken from her digital wallet without her consent.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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

AUGUST 18, 2022

4th -, 2022 WL 3335823, No. 12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Azurity Pharms., Edge Pharma, LLC, F.4th 21-1492 (1 st Cir.

False Advertising 45

False Advertising Law Advertising Advertising 45

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

AUGUST 26, 2022

2022 WL 3647817, No. 24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. Penn Engineering & Mfg. Peninsula Components, Inc., 19-513 (E.D.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

JULY 3, 2023

2022), demanded injury to sales or reputation in the US and held that “nebulous future plans for U.S. The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. Coca-Cola Company, 38 F.4th

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

JUNE 29, 2022

First, the court says consumers understand competitive keyword advertising: “the relevant consumer base, conducting internet searches in the year 2022, would likely be familiar with both the concept of paid search results and the significance of website address links.” June 27, 2022). May 26, 2022).

Trademark 111

Trademark Advertising Advertising Blogging 111

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. Tracy Anderson Mind & Body, LLC v.

Marketing 45

Marketing Marketing False Advertising Contracts 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

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 Design Designs 56

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 45

Branding Brands Branding False Advertising 45

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. HULM Entertainment v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

The TTABlog

MAY 8, 2023

4th 1067, 2022 USPQ2d 602, at *3 4 (Fed. 2022) (“While the zone of interest test is not especially demanding … it nonetheless imposes a critical requirement.”) (cleaned up). 2020), cert. denied , 141 S.Ct. Meenaxi Enter., Coca Cola Co. at 2069 70.

Registration 40

Registration False Advertising Trademark Business 40

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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 45

Ownership Art Copyright Registering Trademarks 45

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

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

FEBRUARY 28, 2022

2022 WL 562265, No. 23, 2022) Healthvana operates a health app, Healthvana, and has a trademark (registration) for use in connection with software and software as a service. Telebrands’ TV ad didn’t use the word “Covid” [I bet litigation counsel is grateful for FDA compliance efforts carried out in writing the copy!].

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. If something isn’t protected by IP, it’s free for copying. We like copying! Confusion is what we try to avoid, not copying. The roles of business and consumer have been applied flatly and wrongly.

Law 91

Law Branding Brands Branding 91