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. Are lost prospective customers and market share purely economic harms? So too with lost market share. and] expects to complete.

False Advertising 56

False Advertising Advertising Advertising Social Media 56

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.

False Advertising 64

False Advertising Advertising Advertising Copying 64

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.

False Advertising 56

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. Not all marketing of artistic works is noncommercial speech. The First Amendment has long coexisted with no-fault false advertising laws.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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

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. This was first used by VSL, marketed as VSL#3. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

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

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. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

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. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. First, the marketing was commercial speech: “NO FFL Required!” It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. The court of appeals declined to presume harm just because the parties were each other’s sole competitor in the national home inspector market. American Society of Home Inspectors, Inc.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

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.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

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. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

MARCH 14, 2023

The result is that FedEx routes are, as a practical matter, intangible commodities traded on a competitive market and subject to price fluctuation based on the actual or perceived value of each individual route. denied,” FedEx pled that it “has consented to approximately 40% of renegotiation requests since July 1, 2022.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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). HDR appeared first on Technology & Marketing Law Blog. Case citation : Davis v. The complaint.

Privacy 144

Privacy False Advertising Contracts Advertising 144

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp.

Marketing 59

Marketing Marketing Business False Advertising 59

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.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. More Posts About Keyword Advertising.

Advertising 111

Advertising Advertising False Advertising Trademark 111

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. On November 17, 2022, Drake and 21 Savage agreed to this preliminary injunction and also agreed to stop using Vogue trademarks for their album promotion.

Social Media 105

Social Media False Advertising Copying Trademark 105

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. When is a video showing content published on social media an advertisement, and when it is a documentary? Kogan , 2022 WL 17582560 (S.D. Kogan appeared first on Technology & Marketing Law Blog.

Social Media 130

Social Media False Advertising Advertising Advertising 130

43(B)log

MARCH 18, 2022

2:21-cv-00246-RJC, 2022 WL 783428 (W.D. 15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. The parties compete in this market.

False Advertising 56

False Advertising Patent Advertising Advertising 56

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. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Alkutkar joined Bumble in 2016. Case citation : Alkutkar v.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. A notice of allowance issued in 2022. GOOD Meat, Inc., 3d - , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

OCTOBER 15, 2024

3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 24-10595-WGY (D.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

43(B)log

JANUARY 18, 2022

3:21-cv-386, 2022 WL 122923 (E.D. 12, 2022) The parties compete in the market for wood protection products. Put differently, PMG endorsed the safety of WoodLock Bio-Shield products in its advertisement based, in part, on J&G’s assurance that those handling WoodLock Bio-Shield I need not wear personal protective equipment.”

False Advertising 59

False Advertising Advertising Advertising Law 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v.

IP 141

IP Advertising Advertising Trademark Law 141

43(B)log

MARCH 18, 2022

Fresh Bourbon, LLC, 2022 WL 785039, No. 14, 2022) Both parties are “owned by African Americans, and both sell bourbon.” Brough Brothers alleged Lanham Act false advertising, common law unfair competition and tortious interference, and a claim under a Kentucky statute that prohibits use of false brands to deceive consumers.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

MARCH 13, 2022

2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Case citation : Las Vegas Skydiving Adventures LLC v.

Trademark 110

Trademark Advertising Advertising Settlement 110

Technology & Marketing Law Blog

JUNE 12, 2022

It’s 2022 and we’re still dealing with this s**t. May 13, 2022). Aciper, 2022 WL 992888 (S.D.N.Y. 2022 WL 1316222 (W.D. April 28, 2022): “That confusion has been amplified by Block’s public communications and worsened by third parties who have, and will likely continue, to link Block, Inc.

Trademark 90

Trademark Advertising Advertising False Advertising 90

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

Technology & Marketing Law Blog

JULY 26, 2022

2022 WL 2664124 (D. July 11, 2022). More Posts About Keyword Advertising. * McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Groupon, Inc. The CourtListener page.

Trademark 119

Trademark Advertising Advertising Litigation 119

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. In 2022, the relationship dissolved; Portkey objected to Venkateswaran’s alleged references to Portkey and its asserted trademarks since 2022.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

APRIL 29, 2022

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

False Advertising 45

False Advertising Advertising Advertising Registering Trademarks 45