2024 Advertising False Advertising 
JD Supra Law
OCTOBER 17, 2024
On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc.
43(B)log
AUGUST 29, 2024
22-cv-540-jdp, 2024 WL 3936444 (W.D. 26, 2024) The parties compete in the hand-held gardening tool market. Fiskars advertises some of its products as having “up to 3x more cutting power.” Fiskars Finland OY AB v. Woodland Tools Inc., But Lexmark didn’t preclude this claim.
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43(B)log
MAY 13, 2024
2024 WL 2091994, No. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. There is simply no conflict between the State’s interest in ensuring its consumers are not misled by false advertising and any federal interest in regulating environmental pollution.”
43(B)log
OCTOBER 28, 2024
Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D. It was insufficient to provide: 1.
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. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.
43(B)log
FEBRUARY 16, 2024
2024 WL 629985, No. 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. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co.,
43(B)log
FEBRUARY 26, 2024
Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y. It was not.
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