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.

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Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] 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). ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. Yum, and easily veganized.

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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! 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.

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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’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

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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. Gerber’s marketing team described “being challenged to find ways to push the envelope with bringing the allergy message forward.” Hasemann v. Gerber Prods.

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Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. Google LLC , 2024 WL 2809371 (Cal. (Same thing with the Lori Drew prosecution from 2009).

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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.

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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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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.,

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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.

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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.

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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. And the exclusion also withdrew coverage for all related forms of marketing.

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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. could become even more important during this economy.”

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43(B)log

MARCH 29, 2024

3d -, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. As previous cases indicate, “[m]ateriality can be shown by a third party’s, or defendant’s own, market research showing the importance of such representations to purchasers.” GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, F.Supp.3d

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Marketing Marketing False Advertising Advertising 57

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.,

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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.

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43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

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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.

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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.

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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.

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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.

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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. Vizcarra v. Michaels Stores, Inc., 23-cv-00468-PCP (N.D.

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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. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

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43(B)log

MAY 10, 2024

22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. This does not seem to me—as someone who has indeed been in the general market for this type of product—to be a description of reasonable consumers of specialized medical services, who tend to outsource a lot of the details to presumed experts. Abbott Laboratories, No.

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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.

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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.

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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.” Valiente v. Simpson Imports, Ltd., 23-cv-02214-AMO (N.D. San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation.

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43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Second, the products were labeled and marketed in a way that claims that they mitigate or prevent disease. PharmaCare U.S., 21cv137-JES (AHG) (S.D.

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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.,

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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.,

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Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. appeared first on Technology & Marketing Law Blog. sought to send the case to arbitration. The district court disagreed. Warner Bros.

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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.

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43(B)log

JULY 18, 2024

23-55581, 2024 WL 3435308, -- F.4 17, 2024) Whiteside alleged that KC’s “plant-based” baby wipes were misleadingly advertised; the court of appeals revived some claims that the district court had dismissed for failure to sufficiently plead misleadingness. Whiteside v. Kimberly Clark Corp., 4 th (9th Cir.

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43(B)log

APRIL 12, 2024

20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations. 5th 485, 319 Cal.Rptr.3d

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SpicyIP

DECEMBER 30, 2023

Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt. d) Other IP Developments 1.

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