43(B)log

JUNE 11, 2024

2024 WL 2883671, No. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). Were the statements in an advertisement? Enigma Software Gp.

Advertising 62

Advertising Advertising Designs Design 62

43(B)log

MARCH 6, 2024

3d -, 2024 WL 911075, No. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. SouthState Bank, N.A.

False Advertising 44

False Advertising Advertising Advertising Business 44

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y. This opinion deals with various Daubert motions, allowing at least some of the testimony of eight challenged experts in.

False Advertising 67

False Advertising Branding Brands Branding 67

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Google LLC , 2024 WL 2809371 (Cal. Case citation : Freethinker v.

Contracts 77

Contracts Designs Design False Advertising 77

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

JUNE 10, 2024

3d -, 2024 WL 2843092, No. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Prescott v. Abbott Laboratories, F.Supp.3d 23-cv-04348-PCP (N.D.

Designs 57

Designs Design Branding Brands 57

43(B)log

MAY 7, 2024

3d -, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold Stone Creamery’s] establishments expect that that product will contain actual pistachios?” Kahala Franchising, L.L.C.,

False Advertising 57

False Advertising Advertising Advertising Branding 57

43(B)log

MARCH 6, 2024

2024 WL 939151, No. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Montgomery v. Stanley Black & Decker, Inc., 23-735-cv (2d Cir.

Advertising 57

Advertising Advertising Business Designs 57

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. False advertising: Only ok against Kitchen Cube.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir.

False Advertising 62

False Advertising Branding Brands Branding 62

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

Designs 67

Designs Design Branding Brands 67

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 57

Social Media Marketing Marketing Designs 57

43(B)log

FEBRUARY 1, 2024

3d -, 2024 WL 322050, No. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s ATMs at 7-Eleven stores. 22-cv-4315 (JSR) (S.D.N.Y.

Designs 57

Designs Design False Advertising Advertising 57

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Again, this “amounts to a disagreement on survey methodology, rather than suggestions that a survey could not be designed to test materiality in the first place.” PharmaCare U.S., 21cv137-JES (AHG) (S.D.

Branding 57

Branding Brands Branding Advertising 57

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc.,

False Advertising 57

False Advertising Advertising Advertising Reporting 57

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. Good Meat Project v. GOOD Meat, Inc., 23-cv-04145-RFL (N.D.

False Advertising 62

False Advertising Advertising Advertising Marketing 62

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. sought to send the case to arbitration.

False Advertising 84

False Advertising Government Privacy Designs 84

43(B)log

FEBRUARY 8, 2024

2024 WL 457798, No. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are basically unavailable. Colgate-Palmolive Co., 23-cv-04086-JCS (N.D. But Colgate hasn’t received such an exemption.

Marketing 57

Marketing Marketing Government Designs 57

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124