Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

43(B)log

OCTOBER 16, 2024

C 20-07414 WHA, 2024 WL 4351861 (N.D. 30, 2024) I don’t usually blog default judgments, but this one was interesting. KHN makes blood-alcohol concentration breathalyzers; defendants make competing breathalyzers “popularized by fake reviews and false quality assurances on Amazon.” KHN Solutions LLC v.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

43(B)log

SEPTEMBER 20, 2024

Bayer Healthcare LLC, 2024 WL 4204921, No. 16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” 22-cv-1085-MMA (JLB) (C.D. They brought claims under NY and California law.

False Advertising 52

False Advertising Advertising Advertising Brands 52

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! We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Brands 59

43(B)log

SEPTEMBER 20, 2024

2:23-cv-1541, 2024 WL 4217446 (S.D. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged that the products do not provide the advertised protection for up to 12 months or 365 days; that was sufficient to allege falsity. Scotts Company LLC v.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

OCTOBER 18, 2024

3d -, 2024 WL 2834159, No. 4, 2024) Interesting contributory liability issue in its interaction with laches. The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Hawaii Foodservice Alliance, LLC v. 21-00460 LEK-WRP (D. Hawai’I Jun.

False Advertising 59

False Advertising Advertising Advertising Design 59

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 59

False Advertising Advertising Advertising Reporting 59

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.

False Advertising 104

False Advertising Advertising Advertising Reporting 104

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. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. GOOD Meat, Inc.,

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. 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.

False Advertising 69

False Advertising Brands Branding Branding 69

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 59

False Advertising Advertising Advertising Branding 59

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. This is where trademarks truly reflect as a brand identity and shape a very rapid recognition. It has also brought a lot of challenges.

Social Media 52

Social Media Trademark Brands Branding 52

43(B)log

SEPTEMBER 13, 2024

3:19-cv-1434 (JAM), 2024 WL 4117244 (D. 9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” 2020), J-B lost a false advertising claim against a different competitor based on the competitor’s use of the term “epoxy” in advertising its non-epoxy MMA-based product.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC Financial Services Gp. 2:20-cv-1977 (W.D. I attempt to reconnect.

Advertising 52

Advertising Advertising False Advertising Design 52

43(B)log

JULY 25, 2024

2024 WL 3480212, No. It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” In 2024, Videa blogged that “[w]e suggest choosing an AI provider with the most FDA-cleared annotations.” Overjet, Inc. VideaHealth, Inc.,

Copyright 59

Copyright False Advertising Advertising Advertising 59

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 64

False Advertising Branding Brands Branding 64

43(B)log

MARCH 8, 2024

Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. The products at issue are uniformly branded with the phrase “C + Collagen.”

Brands 59

Brands Branding Branding Advertising 59

43(B)log

AUGUST 27, 2024

2024 WL 3691607, No. 7, 2024) Daubert motions for this case. The control group was shown a “workup” of what a “Plaid branding only” user interface would look like. PNC’s marketing expert opined that Plaid benefited from the usage of PNC’s marks and that Plaid’s usage of PNC’s marks harmed PNC’s brand. 2:20-cv-1977 (W.D.

Brands 52

Brands Branding Branding False Advertising 52

Technology & Marketing Law Blog

OCTOBER 9, 2024

2024 WL 4439136 (2d Cir. 8, 2024) More Posts About Keyword Advertising * Catching Up on Two Keyword Ad Cases * Competitor Isn’t Responsible for Google Knowledge Panel’s Contents–International Star Registry v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.”

Designs 59

Designs Design Branding Brands 59

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.” Old label showing "San Marzano" on top of elongated, pointed tomatoes But now it sells a variety of Roma tomato products under the “San Merican Tomato” or “SMT” brand. Valiente v. Simpson Imports, Ltd.,

Designs 69

Designs Design Branding Brands 69

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Schotte alleged a “substantial price premium” of at least 25% more for the Wipes as compared to non-flushable wipes from the same brands. Stop & Shop Supermarket Co.,

Law 59

Law Advertising Advertising Branding 59

43(B)log

AUGUST 28, 2024

4th -, 2024 WL 3659589, No. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state court, but they can be brought in federal court. Premier Nutrition Corporation, F.4th 22-16375, 22-16622 (9 th Cir.

Law 59

Law Advertising Advertising False Advertising 59

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. 22 C 6083 (N.D.

Advertising 64

Advertising Advertising Social Media Law 64

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

Branding 59

Branding Brands Branding Advertising 59

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. Shell Brands International Ag , Blackberry Limited ,, and Dolby International AB orders.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

OCTOBER 23, 2024

It has spent $100M on advertising. Brown Engstrand is a start-up rival law firm (operating under the brand “Accident Law Group”). These states have created a mutant species of IP law disconnected from both trademark law or false advertising law; and this mutant IP comes from an unelected group, not a legislature.

Trademark 105

Trademark Advertising Advertising False Advertising 105

43(B)log

NOVEMBER 25, 2024

2024 WL 4866271, F.Supp.3d 12, 2024) Olly makes dietary supplements, e.g., “Sleep Extra Strength Melatonin 5 mg.” But, unlike some other brands, Olly Products do not state the serving size on the front label or that the dosage amount is per serving. 2:24-cv-06261-WLH-PD (C.D.

Advertising 52

Advertising Advertising Brands Branding 52

43(B)log

NOVEMBER 11, 2024

2024 WL 4679219, No. 4, 2024) Ketonatural is a start-up that sells grain-free pet food, treats, and supplements. We sometimes talk about them as ‘BEG’ diets.” • “DCM is caused by boutique brands, exotic proteins, or grain-free or a combination thereof.” The big problem was commercial advertising or promotion.

Journalism 52

Journalism Advertising Advertising False Advertising 52