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., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

Trademark 100

Trademark Advertising Advertising False Advertising 100

43(B)log

JANUARY 17, 2024

4th -, 2024 WL 164976, Nos. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement (VGRR). Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%. Campfield v. Safelite Gp.,

False Advertising 64

False Advertising Marketing Marketing Advertising 64

The TTABlog

AUGUST 6, 2024

August 1, 2024). Shepherd’s contention, the Board did not err in crediting evidence from international websites, given its finding that they were in English and were directed to the United States market. Shepherd had little probative value because the affiants were not necessarily representative of the market. Welch 2024.

Advertising 67

Advertising Advertising Public Use Marketing 67

SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr.

Trademark 91

Trademark Marketing Marketing Advertising 91

43(B)log

JULY 8, 2024

2024 WL 3304815, No. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Delta Air Lines, Inc., 2:23-cv-04150-MEMF-MRW (D.C.

Advertising 64

Advertising Advertising Marketing Marketing 64

Technology & Marketing Law Blog

JUNE 23, 2024

After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Lanham Act Commercial Advertising or Promotion. The Lanham Act only applies to “commercial advertising or promotion.” The result is ugly. I really do hate this case.

Law 59

Law False Advertising Advertising Advertising 59

Olartemoure Blog

JUNE 7, 2024

On 11 May 2024, the State Administration for Market Regulation (SAMR) of China introduced the Interim Regulations on Unfair Competition on the Internet, which will be effective as of September 1, 2024.

Intellectual Property 52

Intellectual Property Advertising Advertising Reporting 52

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”). Here, the allegations sufficiently stated a marketing context.

Advertising 64

Advertising Advertising Designs Design 64

Olartemoure Blog

MAY 24, 2024

On 9 May, the law regulating the commercialization, consumption, advertising, and use of electronic cigarettes and vape devices was enacted. As we reported in our OMWD of 15 March 2024 , this law extends the restrictions and obligations contemplated in the Anti-tobacco Law aimed at preventing the consumption of these products.

Advertising 52

Advertising Advertising Intellectual Property Reporting 52

43(B)log

JANUARY 8, 2024

3d -, 2024 WL 64747, No. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less than the purported “regular” price. Michaels argued that it “advertises current—not former—prices,” so it wasn’t covered by the former price rule.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

JUNE 10, 2024

10849 (LGS), 2024 WL 2853622 (S.D.N.Y. 4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. Nutramax Labs.,

Branding 72

Branding Brands Branding Marketing 72

Technology & Marketing Law Blog

JUNE 20, 2024

Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D.

Social Media 100

Social Media Copyright Licensing Advertising 100

LexBlog IP

JANUARY 25, 2024

This month’s issue of Ping® highlights some trends in digital advertising. However, unlike the Illinois law, New York’s law only applies to uses for advertising or trade purposes. This means that individuals in New York may have less protection against non-commercial uses of their identity.

Law 59

Law Advertising Advertising Marketing 59

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D. USC didn’t appear on the list after that.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

JULY 25, 2024

Venkateswaran, 2024 WL 3487735, No. Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Portkey Tech. 23-CV-5074 (JPO) (S.D.N.Y. This is a joke, but that doesn’t mean it won’t happen.)

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Olartemoure Blog

JUNE 28, 2024

0330 of 2024. Some argue that this precedent is excessive, as notorious marks are unlikely to lose their status in 5 years, given that notoriety is built up over decades of market presence, advertising investment and consumer loyalty. However, this decision introduces a requirement to update notoriety every 5 years.

Trademark 52

Trademark Intellectual Property Advertising Advertising 52

The IPKat

JULY 29, 2024

The contested products were condiments marketed under names such as “Balsamico di.” Background of the case The Consortium found that two Italian Companies marketed bulk condiments labelled with names such as “Balsamico di” and “Ristretto di Balsamico”. 2024/1143 of 11 April 2024). 238 (Law no.

Advertising 60

Advertising Advertising Art Marketing 60

The TTABlog

APRIL 19, 2024

91274117 (April 17, 2024) [not precedential] (Opinion by Judge Wendy B. Kellsport's evidence regarding advertising expenses were unaccompanied by any sample advertisements, and there was no evidence as to how often the advertisements appeared or how many consumer were exposed thereto. Welch 2024. Opposition No.

Advertising 56

Advertising Advertising Registration Marketing 56

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Hasemann v. Gerber Prods. and] an allergy risk reduction benefit.”

False Advertising 104

False Advertising Advertising Advertising Reporting 104

The IPKat

AUGUST 3, 2024

Katjes Fassin supported climate protection projects of ClimatePartner and advertised its products in a German newspaper for professionals in the food industry (Lebensmittel Zeitung) as follows: The ad above the packaging reads: Our climate also likes Katjes. The production caused CO2 emissions.

Advertising 60

Advertising Advertising Law Art 60

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

Registration 43

Registration Advertising Advertising Marketing 43

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Yet, based on the sheer scale of piracy, none have experienced anything close to that taking place in the manga market.

Reporting 113

Reporting Advertising Advertising Copying 113

Technology & Marketing Law Blog

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. 2024 WL 2745115 (Cal. May 29, 2024) The post Section 230 Applies to Publication of Court Documents–Medina v. Microsoft appeared first on Technology & Marketing Law Blog. Microsoft Corp.

False Advertising 87

False Advertising Publishing Advertising Advertising 87

Technology & Marketing Law Blog

FEBRUARY 7, 2024

Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir. Letgo, Inc.

Advertising 98

Advertising Advertising Designs Design 98

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

Garrigues Blog

JULY 15, 2024

When this period has elapsed, it will be necessary to submit the requisite proof demonstrating that the trademark continues to enjoy its reputation in the market A well-known mark is one which is widely disseminated and recognized by the consumer public in a specific sector, in response to its particular qualities when compared to the competition.

Trademark 52

Trademark Intellectual Property Registration Marketing 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 59

Designs Design Branding Brands 59

Patently-O

JUNE 25, 2024

June 25, 2024). Hickma highlights some of the challenges that generics are facing when marketing drugs with these carved-out labels. The skinny label itself will not be enough to show inducement, but that evidence can be combined with other evidence (such as marketing) to prove liability. by Dennis Crouch Amarin Pharma, Inc.

Marketing 87

Marketing Marketing Patent Branding 87

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 104

Law Social Media Advertising Advertising 104

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Welch 2024.

Branding 43

Branding Brands Branding Social Media 43

43(B)log

JUNE 27, 2024

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. is not an endorsement or advertisement within the meaning of Section 255.5 [of Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message.

Advertising 64

Advertising Advertising Social Media Law 64

43(B)log

JULY 17, 2024

2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for its tea bags. Bigelow, Inc., All of the products at issue use tea leaves grown and processed abroad.

Marketing 59

Marketing Marketing Advertising Advertising 59

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Advertisers are reminded to not mislead consumers by omitting material information.

Business 57

Business Advertising Advertising Blogging 57

43(B)log

JANUARY 12, 2024

Danone Waters, 2024 WL 112843, No. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. 8717 (NSR) (S.D.N.Y.

Marketing 69

Marketing Marketing Advertising Advertising 69