43(B)log

DECEMBER 22, 2023

2023 WL 8811499, No. 20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. You might think that class action rules can be a bit like Calvinball, and I'd be hard pressed to disagree.

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43(B)log

JULY 24, 2023

2023 WL 4681569 , No. The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market.

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False Advertising Advertising Advertising Marketing 92

43(B)log

MAY 8, 2023

The Roundtable will be held on Friday, October 6, 2023. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. The Roundtable will cover the travel and lodging expenses for invited authors.

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Trademark False Advertising Advertising Advertising 72

Technology & Marketing Law Blog

MARCH 6, 2023

The false advertising claim fails because Lops didn’t show that the videos “are commercial speech and made for the purpose of influencing consumers to buy YouTube’s goods or services.” YouTube, LLC, 2023 WL 2349597 (D. March 3, 2023). ” Lops also had an unsuccessful lawsuit against Facebook.

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Trademark False Advertising Advertising Advertising 105

43(B)log

APRIL 26, 2023

4th -, 2023 WL 3070085, No. 25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) TocMail launched its IP-evasion product, got a patent, and then sued Microsoft for false advertising—all within two months.”

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False Advertising Advertising Advertising IP 59

43(B)log

MARCH 22, 2023

Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.

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Trademark False Advertising Advertising Advertising 78

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

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False Advertising Advertising Advertising Patent 59

Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

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False Advertising Advertising Advertising Settlement 52

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. All Simpson’s connectors, catalogs, marketing literature, and retail display materials, are clearly labeled with the “Simpson Strong-Tie” name. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

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False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. of unauthorized, gray market parts within [Toyota USA’s] PMA [Primary Market Area], or anywhere, is.

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Marketing Marketing False Advertising Advertising 59

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.

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IP Copyright Trademark Intellectual Property 124

43(B)log

SEPTEMBER 22, 2023

4th -, 2023 WL 5925977, No. 12, 2023) Discussion of opinion below. Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions.” Geomatrix, LLC v.

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False Advertising Advertising Advertising Business 59

43(B)log

MARCH 14, 2023

2023 WL 2466624, No. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) to pick up and deliver packages. 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.

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43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

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Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” Despite Doe v. Case citation : Bride v.

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Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Trademark Advertising Advertising False Advertising 129

43(B)log

DECEMBER 15, 2023

2023 WL 8604148, No. 12, 2023) The parties are compounding pharmacies that focus on medications used in optometry and ophthalmology. This wasn’t mostly a two-player market, and the allegedly false statements did not harm the entire market. ImprimisRx, LLC v. 21-cv-01305-BAS-DDL (S.D.

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43(B)log

MAY 22, 2023

2023 WL 3535386, No. May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

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43(B)log

DECEMBER 7, 2023

2023 WL 8292459, No. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument.

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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.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

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Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

MAY 13, 2023

2023 WL 3340214 (W.D. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Bye, Goff appeared first on Technology & Marketing Law Blog.

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43(B)log

JANUARY 3, 2024

CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. The false association/coordinate state law claims survived. The false association/coordinate state law claims survived. LoanDepot.com, LLC v.

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False Advertising Cease and Desist Advertising Advertising 59

43(B)log

AUGUST 7, 2023

2023 WL 4947974, No. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The 2012 PETA press release comes closer, but it commends Paul Mitchell for choosing to “pull out of the Chinese market entirely than hurt even one animal.”

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Marketing Marketing False Advertising Advertising 52

Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement. 3, 2023) The post Snapchat Defeats Lawsuit Over User-to-User Harassment–Ziencik v. Case Citation : Ziencik v.

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False Advertising Litigation Law Advertising 105

43(B)log

JANUARY 11, 2023

2023 WL 139714, No. 9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. AHBP LLC v. SA-22-CV-00096-XR (W.D.

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Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Mark similarity.

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Advertising Advertising False Advertising Trademark 98

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The “most important” factor was market effect, and there was none.

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Fair Use Advertising Advertising False Advertising 64

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. 2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. And, they continued, SoClean was illegally marketing its devices. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., 22-542 (W.D.

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Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

MAY 22, 2023

of exposed consumers experienced actual confusion: This tiny percentage cannot reasonably be said to constitute an “appreciable” or “significant” number of consumers confused by Defendants’ advertising strategy. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. Brown Engstrand & Shely LLC , No.

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Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

For background on the legal battles over keyword advertising by lawyers, see this article. McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). More Posts About Keyword Advertising * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Case citation : Jim S. Adler PC v. LoanStreet v.

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Advertising Advertising False Advertising Trademark 98

43(B)log

APRIL 20, 2023

2023) Acuity operates a website that connects people looking to buy or sell homes with a local real-estate agent in their area. Lewis didn’t allege that his payment of this referral fee injured his status in the realtor market in any way. Acuity Real Estate Services, LLC, 63 F.4th 4th 1114 (6 th Cir.

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Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

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Blogging False Advertising Litigation Marketing 105

43(B)log

FEBRUARY 16, 2023

2023 WL 1797266, No. 7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. The “touchstone” is “that the contested representations are part of an organized campaign to penetrate the relevant market. Navatar Group, Inc.

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Advertising Advertising False Advertising Marketing 45

43(B)log

AUGUST 8, 2023

2023 WL 5000434, No. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce Beiersdorf, Inc., 3:22-cv-869 (JBA) (D.

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Design Designs Marketing Marketing 90

43(B)log

JUNE 19, 2023

Red Points Solutions SL, 2023 WL 4029824, No. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. Lanham Act false advertising: Unlimited sufficiently pled standing.

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False Advertising Advertising Advertising Reporting 53

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 2023 WL 9051998 (E.D. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler

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Technology & Marketing Law Blog

JUNE 5, 2023

.” That wasn’t the case here: “Google did nothing to make the content of the advertisement itself more unlawful.” ” The court summarizes: “it is plain that Section 230 protects Google from liability in the negligence and false advertising action brought by Mr. Ynfante.”

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Advertising Advertising False Advertising Publishing 59