2023 Branding Copying False Advertising 
43(B)log
APRIL 25, 2023
BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 19, 2023) Previous discussion. A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products.
Technology & Marketing Law Blog
DECEMBER 10, 2023
The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to false advertising claims and other claims that are based on purportedly false representations.” Section 230 more clearly applies to third-party ad copy than to the resulting sales. See, e.g., the cited Ynfante v.
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43(B)log
MAY 19, 2023
2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Roblox Corp. 22-cv-04476-SI (N.D.
43(B)log
JANUARY 27, 2023
3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.
43(B)log
JULY 25, 2024
In fall 2023, Overjet launched its “Anatomical Structures Visualization Tool” for Overjet Caries Assist, which introduced the relevant coloring scheme and design. It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” Overjet, Inc.
43(B)log
JANUARY 27, 2023
2023 WL 416080, No. Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? Steeplechase Arts & Productions, L.L.C.
43(B)log
JULY 3, 2023
16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. This makes Colombians abroad get tricked.”
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