43(B)log

SEPTEMBER 6, 2023

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. The breach of contract claim survived. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covington Specialty Insurance Company v. Omega Restaurant & Bar, LLC, F.Supp.3d 2:21-cv-247 (E.D.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

43(B)log

FEBRUARY 14, 2025

Despite various marks and online statements claiming that CLP is a law firm, it is [allegedly] actually a legal referral service that matches customers in need of legal services to attorneys that CLP contracts with. CLP allegedly launched a Google advertising campaign using the mark CAPE LAW FIRM.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

OCTOBER 10, 2023

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

JULY 19, 2023

4th -, 2023 WL 4504183, No. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts.

Copying 40

Copying False Advertising Advertising Advertising 40

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. USA, LLC v. Malwarebytes, Inc., 21-16466 (9th Cir. Enigma alleged that its software products “(i) detect and remove malicious software (i.e., USA, LLC v.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

NOVEMBER 27, 2023

3:23-CV-863-NJR, 2023 WL 8108547 (S.D. 17, 2023) “This case pits real lawyers against a robot lawyer.” MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. MillerKing, LLC v.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” 2023); but see Princeton Express v. Houston, Inc., 4th 274 (5th Cir.

Advertising 64

Advertising Advertising Settlement Contracts 64

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. For (1): In a now-deleted LinkedIn post from December 2023, Videa stated, “[h]ear from the clinicians who are experiencing firsthand VideaAI’s transformative power.” [The

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

JULY 14, 2023

2023 WL 2712390, F.Supp.3d 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Progressive Northern Ins. 1:22-cv-00490-KWR-JFR (D.N.M. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM coverages on all vehicles insured under a policy.

Contracts 52

Contracts False Advertising Advertising Advertising 52

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 40

Law False Advertising Advertising Advertising 40

43(B)log

DECEMBER 7, 2023

3d -, 2023 WL 7590798, No. The complaint alleged causes of action for UCL fraudulent and unfair business practices; breach of contract; and “unjust enrichment.” Sepanossian v. National Ready Mix Co., B319260 (Ct. The court of appeals reversed a dismissal of the UCL claims, but affirmed on unjust enrichment.

Contracts 45

Contracts Business False Advertising Advertising 45

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Also, ads can't support a breach of contract claim. Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

MAY 2, 2023

3d -, 2023 WL 3142311, No. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. These communications were more than “purely negotiation of individual contracts, but rather encompass a variety of media through which Brookfield represented information about HPP.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MARCH 20, 2023

Amazon.com, 2023 WL 2538706, No. 16, 2023) Plaintiffs alleged they bought and used Solimo, a melatonin supplement manufactured and sold by Amazon. Plaintiffs alleged that Solimo falsely substantially understates Solimo’s true melatonin dosage in each serving, exceeding what would be a “reasonable excess” allowed by the FDA.

Law 64

Law Advertising Advertising Contracts 64

43(B)log

SEPTEMBER 11, 2023

25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers and sandwiches. Breach of contract: Burger King argued that its ads weren’t binding offers. Burger King Corp.,

Advertising 45

Advertising Advertising Contracts Law 45

43(B)log

MARCH 23, 2023

Apple, Inc, 2023 WL 2585888, No. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital content. 21-CV-1133-LJV (W.D.N.Y.

Licensing 72

Licensing Advertising Advertising Ownership 72

43(B)log

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. 2023) (“[A]lthough the FTC’s powers may have changed since Humphrey’s Executor was decided, the question of whether the FTC’s authority has changed so fundamentally as to render Humphrey’s Executor no longer binding is for the Supreme Court, not us, to answer.”).

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

FEBRUARY 27, 2025

Yodice alleged breach of contract, unjust enrichment, and consumer protection false advertising claims. It likewise remanded for further consideration of the GBL false advertising claims. It likewise remanded for further consideration of the GBL false advertising claims. In Goldberg v. Pace Univ.,

False Advertising 52

False Advertising Contracts Advertising Advertising 52