43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. Hernandez v.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Purlife Brands, Inc., 2023 WL 3049106, No. Automated Pet Care Prods., 22-cv-04261-VC (N.D.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Internet Brands , 230 applies to the failure-to-warn claims because “Plaintiffs’ theory would require the editing of third-party content, thus treating Defendants as a publisher of content.”

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc., 22-02031 (KM)(MAH) (D.N.J.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

MARCH 13, 2023

2023 WL 2364736, No. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor derived exclusively from the vanilla plant. Vizcarra v. Unilever U.S., 4:20-cv-02777 YGR (N.D. were not sure.

False Advertising 56

False Advertising Branding Brands Branding 56

43(B)log

FEBRUARY 22, 2024

San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation. San Marzano tomatoes grown in the United States do not have the D.O.P. Benefit Corp.,

Designs 69

Designs Design Branding Brands 69

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” Malwarebytes, Inc., collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 3, 2023

Young Living Essential Oils, LC, 2023 WL 3185045, No. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” MacNaughton v. 22-0344, -- F.4th 4th -- (2d Cir.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

APRIL 17, 2023

LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy Bioscience, LLC v. BRYK Enters., 22-cv-658-jdp (W.D. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

MAY 22, 2023

May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles of Fireball malt beverages, which look almost the same as Fireball Whisky. Sazerac Co., 23-cv-00522-EMC (N.D.

Licensing 59

Licensing Law Branding Brands 59

43(B)log

MARCH 20, 2023

2023 WL 2519857, SCAP-21-0000363, P.3d 15, 2023) The state sued two pharmaceutical companies for violating Hawai‘i’s Unfair or Deceptive Acts or Practices law (UDAP) by misleading the public about the safety and efficacy of their antiplatelet drug, Plavix. State ex rel. Bristol-Myers Squibb Co., 3d - (Hawai’i Mar. This one didn’t.

Law 45

Law Advertising Advertising Journalism 45

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

JANUARY 11, 2023

2023 WL 137478, No. 9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. For false advertising, the control group respondents were exposed to the same four MiTek stimuli but with the reference numbers removed. Simpson Strong-Tie Co.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment. 2 (Lulu Mall).

Advertising 93

Advertising Advertising Confidentiality Trademark 93

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

JUNE 27, 2023

2023 WL 4162348, No. May 18, 2023) Granting reconsideration, the court reverses its previous ruling and dismisses the claims with prejudice. She does not expect advertisers to lie to her, nor should any consumer be expected to endure affirmative misrepresentations or strongly misleading claims. La Barbera v.

Marketing 100

Marketing Marketing Advertising Advertising 100

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

JULY 20, 2023

4th -, 2023 WL 4377585, No. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But Tershakovec v. Ford Motor Company, Inc., 22-10575 (11th Cir. But some Shelby models weren’t equipped for long track runs, and when the cars overheated, they would rapidly decelerate.

Advertising 52

Advertising Advertising Law False Advertising 52