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. Plaintiff was required to plead false advertising with specificity, then prove it.” This is a false advertising case, not a counterfeiting case. KHN Solutions LLC v.

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43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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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. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

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43(B)log

OCTOBER 15, 2024

3d -, 2024 WL 4393314, No. 3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law.

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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.,

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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.

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43(B)log

OCTOBER 18, 2024

Marketing, Sales Practices & Prods. 3021, 2024 WL 4444819 (W.D. 8, 2024) Previous discussion of MDL. As previously noted, SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions.

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43(B)log

OCTOBER 17, 2024

2024 WL 4336432, No. 27, 2024) Plaintiffs alleged that Amazon promoted, sold, and delivered dietary supplements that lacked mandatory FDA disclaimers in violation of California law. Amazon.com Servs., 2:23-cv-01975-JHC (W.D.

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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.

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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

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. Bolger Factor 1: Advertising the first Bolger factor—whether the statements are an advertisement—to fall slightly in favor of the conclusion that the challenged designations are commercial speech.

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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

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.” It also marketed certain products as epoxies despite their not fitting the chemical definition of an epoxy. This wasn’t comparative advertising (or a two-player market).

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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.)

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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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43(B)log

AUGUST 28, 2024

3:23-5552-CMC, 2024 WL 3656489 (D.S.C. 15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. What about “commercial advertising or promotion”? Pacira Biosciences, Inc. Nephron Sterile Compounding Center, LLC, No. in the absence of explicit claims.”

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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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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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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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Technology & Marketing Law Blog

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. Rock Top Holdings, LLC , 2024 WL 3599064 (D. Utah July 31, 2024) The parties compete to sell countertops. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Alsa Refinish LLC v. Walmart 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

NOVEMBER 11, 2024

2024 WL 4679219, No. 4, 2024) Ketonatural is a start-up that sells grain-free pet food, treats, and supplements. Hill’s markets to vets, including by offering free continuing education courses, product literature, and incentive programs. The big problem was commercial advertising or promotion. Ketonatural Pet Foods, Inc.

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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.

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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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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

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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SpicyIP

AUGUST 2, 2024

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

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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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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.

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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

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 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 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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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

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

AUGUST 30, 2024

3d -, 2024 WL 3976560, No. 29, 2024) Earth Island sued Coca-Cola under the D.C. The court analogized to marketing “light” or “low tar” cigarettes; marketing them as a healthier option was misleading when they didn’t offer much if any benefit versus full tar and when they posed substantial health dangers. Coca-Cola Co.,

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