43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? And Faire alleged that Tundra repeatedly falsely advertised via phone and email solicitations that Faire was aware of and approved Tundra’s scheme: on December 15, 2022, Tundra’s employee allegedly told Brand A Faire approved of Tundra’s scheme and “it was above board.”

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False Advertising Advertising Advertising Branding 59

43(B)log

APRIL 29, 2022

2022 WL 1203742, No. 22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. REX – Real Estate Exchange, Inc. Zillow, Inc., C21-312 TSZ (W.D.

False Advertising 59

False Advertising Advertising Advertising Technology 59

Delaware Intellectual Property Litigation Blog

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. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. The Court granted Defendant’s motion for two reasons.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. But why would some advertising constitute exercising control while other advertising didn’t?

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Nor would amendment be futile.

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False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 4, 2022

2022 WL 621815, No. 3, 2022) Plaintiffs sued the makers of Dude Wipes [I really must ask: are men ok?] for falsely advertising them as “flushable” under California’s CLRA/UCL/FAL, NY’s GBL, Illinois’s ICFA, and breach of warranty. Dude Prods., 21-cv-00682 (N.D.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. But here, evidence connecting false advertising to defendants’ profits was lacking. (Is

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False Advertising Advertising Advertising Litigation 59

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

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False Advertising Advertising Advertising Copying 64

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.

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43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. But Defendants have brought on themselves these unfortunate consequences through their false advertising.”

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False Advertising Advertising Advertising Social Media 56

43(B)log

MARCH 4, 2022

BPI Sports, LLC, 2022 WL 612669, No. 2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. ThermoLife Int’l LLC v. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

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False Advertising Advertising Advertising Licensing 56

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

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False Advertising Advertising Advertising Artistic Work 59

43(B)log

MARCH 3, 2023

2023 WL 2298748, 2022-1433 (Fed. TRUSTID lost both patent infringement and Lanham Act false advertising claims. TRUSTID, Inc. Next Caller, Inc., 1, 2023) Discussion of some district court proceedings here. I’ll only discuss the latter. TRUSTID developed a caller identification product known as the Authenticator.

False Advertising 59

False Advertising Advertising Advertising Patent Infringement 59

43(B)log

APRIL 25, 2022

Pacifici, 2022 WL 889275, No. 25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

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False Advertising Advertising Advertising Reporting 45

JD Supra Law

MARCH 31, 2022

The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of a defendant baker on a trade dress infringement claim and reversed the district court’s denial of the defendant baker’s motions for judgment as a matter of law on trade secrets misappropriation and false advertising claims.

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False Advertising Advertising Advertising Law 52

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. 2022 WL 953150, No. Google, Inc.,

False Advertising 56

False Advertising Advertising Advertising Licensing 56

JD Supra Law

MAY 16, 2022

When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion. But could a competitor sue under the Lanham Act if those "local" goods are actually shipped over from a neighboring state? A lack of "verifiable factual.

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False Advertising Advertising Advertising 52

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Also, there was no relevant difference between trademark and false advertising cases in terms of accepting informational harm. De Simone v. VSL Pharmaceuticals, Inc., 20-1846, No.

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False Advertising Advertising Advertising Litigation 64

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.

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43(B)log

JUNE 17, 2022

4th -, 2022 WL 2125492, No. 14, 2022) Discussion of opinion below , which had more clownish behavior; the issue on appeal is narrower. American Society of Home Inspectors, Inc. International Ass’n of Certified Home Inspectors, F.4th 21-1087 (10th Cir.

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False Advertising Advertising Advertising Marketing 56

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The complaint plausibly alleged that at least some defendants knowingly evaded federal and state laws.

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43(B)log

JANUARY 23, 2023

8:22-cv-827-JVS-KESx, 2022 WL 18396275 (C.D. 12, 2022) Reconsidering its previous decision as to the Lanham Act claim , the court granted a preliminary injunction against counterclaim defendant Santos dba OSD. Santos Elecs. Outlaw Audio, LLC, No. Injury requires evidence of causality and consumer deception.

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43(B)log

MARCH 9, 2022

4th -, 2022 WL 664918, No. 7, 2022) Plaintiffs sued defendants for violating § 1125(a). A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. “The

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False Advertising Advertising Advertising Litigation 40

43(B)log

MARCH 14, 2023

He stated that “[n]ot a single day passes without my phone ringing with the story of yet another contractor who is financially collapsing under the weight of these dramatic cost changes that have gone unaddressed by FedEx Ground in 2022.” But the relevant dates didn’t match; the letter at issue was released in July 2022.

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False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 26, 2022

3d 444, 2022 WL 16640767, 2022 N.Y. 3, 2022) The trial court found Image liable for false advertising of an unapproved medical procedure (removing fat cells and reinjecting them elsewhere in the patient’s body). Image Plastic Surgery, LLC , N.Y.S.3d 3d -, 210 A.D.3d 06181 (App.

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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. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

JD Supra Law

JANUARY 10, 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. By Memorandum Opinion entered by the Honorable Maryellen Noreika in TRUSTID, Inc. Next Caller, Inc.,

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

43(B)log

AUGUST 1, 2022

3d -, 2022 WL 3008304, 138 Nev. 28, 2022) The state supreme court denied mandamus against a district court order reinstating a deceptive trade practices complaint based on false claims about the safety of tobacco products. Reynolds Tobacco Co. Eighth Judicial District Ct.,

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

NOVEMBER 21, 2022

Google LLC, 2022 WL 17072948, No. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

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False Advertising Fair Use Advertising Advertising 72

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way.

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False Advertising Advertising Advertising Patent 69

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? 2022 WL 2063231 (D. June 8, 2022). (But Facebook’s content wasn’t snarfed, and the mods may not care as much as other users). Case citation : Davis v.

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Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. 2022 WL 4021776 (N.D. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation.

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False Advertising Privacy Publishing Advertising 143

43(B)log

OCTOBER 9, 2023

He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

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Advertising Advertising Branding Brands 72

43(B)log

MAY 19, 2023

EDCV 20-1489-GW-JPRx, 2022 WL 19827572 (C.D. 18, 2022) MacroAir asserted – among other things – a counterclaim for false advertising under the Lanham Act. Delta T LLC v. MacroAir Technologies, Inc., Summary judgment dismissing the claim.

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False Advertising Advertising Advertising Technology 56

JD Supra Law

OCTOBER 8, 2024

2022-2160 (Fed. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc. Crocs, Inc. Double Diamond Distribution, Ltd., for allegedly misrepresenting the patent status of their popular footwear products.

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False Advertising Advertising Advertising Patent 63

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived.

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