43(B)log

FEBRUARY 16, 2024

Wong, 2024 WL 553695, NO. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon.com, Inc. C19-0990JLR (W.D. Obviously, the trademark-related claims succeeded.

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Advertising Advertising False Advertising Trademark 48

43(B)log

MARCH 7, 2024

3d -, 2024 WL 940089 (N.D. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling —and sometimes they aren’t. Shkipin’s amended false advertising counterclaim fails again. Shkipin, F.Supp.3d Previous ruling.

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Advertising Advertising False Advertising Business 57

43(B)log

FEBRUARY 23, 2024

Ferens, 2024 WL 710632, No. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. Schabacker v. 22-3778 (E.D.

Advertising 57

Advertising Advertising False Advertising Law 57

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 57

False Advertising Intellectual Property Copyright Notice Advertising 57

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.

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False Advertising Invention Advertising Advertising 101

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! Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 57

False Advertising Advertising Advertising Branding 57

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). Campfield v. Safelite Gp., 22-3204/3225 (6th Cir. Safelite counterclaimed that Ultra Bond stole trade secrets.

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False Advertising Marketing Marketing Advertising 62

43(B)log

JANUARY 18, 2024

Eddie Bauer LLC, 2024 WL 177755, No. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. But, once we’ve defined a good enough injury (harm from false advertising), the question of standing for injunctive relief seems to me to be a different type of question.

False Advertising 57

False Advertising Advertising Advertising Law 57

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. In 2020, Medina got the disclosures from the 2014 case sealed. Case Citation : Medina v.

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False Advertising Publishing Advertising Advertising 86

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. The New York false advertising and tortious interference claims also survive the motion to dismiss. 2024 WL 2883671 (N.D. June 6, 2024). The result is ugly.

Law 59

Law False Advertising Advertising Advertising 59

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. 1:22-CV-5020-MHC (N.D.

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False Advertising Advertising Advertising Business 44

Technology & Marketing Law Blog

JUNE 8, 2024

CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. 2024 WL 2847139 (E.D.N.Y. June 5, 2024). Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

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Trademark Advertising Advertising False Advertising 100

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. A]dvertisements that reframe critiques of a product as praise can constitute false advertising.” Hasemann v. Gerber Prods.

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False Advertising Advertising Advertising Reporting 103

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.

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False Advertising Branding Brands Branding 67

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

LexBlog IP

JANUARY 31, 2024

On January 1, 2024, the copyrights in a number of recognizable works entered the public domain, including, among others, Disney’s iconic Mickey Mouse film “Steamboat Willie,” along with the specific depictions of Mickey Mouse and other characters in the film; A.

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Public Domain Trademark Copyright False Advertising 52

43(B)log

APRIL 3, 2024

4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 44

False Advertising Contracts Business Advertising 44

43(B)log

MARCH 21, 2024

2024 WL 1138906, No. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” In re Amazon Prime Video Litig., 2:22-cv-00401-RSM (W.D.

Licensing 112

Licensing Contracts Ownership Litigation 112

Technology & Marketing Law Blog

JUNE 4, 2024

Google LLC , 2024 WL 2809371 (Cal. June 3, 2024) The post YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. Going forward, it’s going to be negligent design workarounds all the time, with the possibility that those arguments succeed and Section 230 becomes functionally a dead-letter.

Contracts 77

Contracts Designs Design False Advertising 77

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.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

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.

Advertising 57

Advertising Advertising False Advertising Marketing 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

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time.

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False Advertising Advertising Advertising Marketing 44

The IPKat

MARCH 7, 2024

Setting aside copyright implications, the authors managed to succinctly encapsulate the entire issue of upcycling in the following 49 words: Under current IP rules, upcycling could constitute trademark infringement, trademark dilution, tarnishment, false advertising, and unfair competition.

Intellectual Property 56

Intellectual Property False Advertising Editing Settlement 56

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

JULY 1, 2024

Moline, 2024 WL 3219683, No. 28, 2024) Not currently in bankruptcy, LTL—J&J’s solution to its talc woes—decided to sue a critic for her scientific conclusions about talc risks. 23-02990 (GC) (JTQ) (D.N.J. The court dismisses J&J’s Lanham Act, trade libel, and common-law fraud claims. What about statements in other media?

Journalism 62

Journalism False Advertising Publishing Litigation 62

43(B)log

FEBRUARY 16, 2024

SmileDirectClub, LLC, 2024 WL 559235, No. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. 3:19-cv-00845 (M.D.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

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 28, 2024

EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. 18, 2024) Gamino brought a host of California statutory and common law claims against Thinx, alleging that Thinx’s period underwear didn’t function as advertised; specifically, that it was incapable of holding the amount of liquid advertised. Thinx Inc.,

Advertising 57

Advertising Advertising False Advertising Law 57

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 62

Advertising Advertising Settlement Contracts 62

43(B)log

JUNE 4, 2024

2024 WL 2803030, No. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine Patch” product which contained “topical anesthetic 4% Lidocaine” which “desensitize[s] aggravated nerves” to provide “temporary relief of pain” to the “back, neck, shoulders, knees, elbows” for “up to 8 Hours of relief.” Supervalu Inc.,

Journalism 57

Journalism Marketing Marketing False Advertising 57

43(B)log

JANUARY 30, 2024

2024 WL 308263, No. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum Corp., 20-cv-03268-LB (N.D.

Law 57

Law False Advertising Advertising Advertising 57

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. 23-cv-01967 (ER) (S.D.N.Y.

Branding 57

Branding Brands Branding Advertising 57

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”). Enigma Software Gp. Malwarebytes Inc., 17-cv-02915-EJD (N.D.

Advertising 62

Advertising Advertising Designs Design 62

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 57

Marketing Marketing Advertising Advertising 57

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 62

Advertising Advertising Marketing Marketing 62

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. Stop & Shop Supermarket Co., 1:23-cv-10897-IT (D. 93A; Schotte also brought warranty, unjust enrichment, and fraud claims. The court declined to dismiss the complaint.

Law 57

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