Technology & Marketing Law Blog

MARCH 6, 2023

The false advertising claim fails because Lops didn’t show that the videos “are commercial speech and made for the purpose of influencing consumers to buy YouTube’s goods or services.” YouTube appeared first on Technology & Marketing Law Blog. ” Cites to Tiffany v. eBay and Sellify v.

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Trademark False Advertising Advertising Advertising 105

43(B)log

APRIL 17, 2023

13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy Bioscience, LLC v. BRYK Enters., LLC, 2023 WL 2933464, No. 22-cv-658-jdp (W.D. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. The legacy of Justice Thomas’ blogging will live on long after the Enigma case is over.

Blogging 145

Blogging False Advertising Law Advertising 145

43(B)log

JUNE 26, 2023

Each side alleged false advertising by the other, primarily that each falsely advertised their products as containing enteric coating, which protects an enzyme from the stomach’s acidic environment and preserves its activity until it reaches the small intestine.

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Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

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Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? HDR appeared first on Technology & Marketing Law Blog. (But Facebook’s content wasn’t snarfed, and the mods may not care as much as other users). June 8, 2022).

Privacy 144

Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008.

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False Advertising Privacy Publishing Advertising 143

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. Since the court had some interesting evidentiary rulings, I’m blogging that here.

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Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control. ” Ha!

Social Media 130

Social Media False Advertising Advertising Advertising 130

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Google cases. Want to Engage in Anti-Competitive Trademark Bullying? Greenberg v.

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Advertising Advertising Settlement Trademark 111

43(B)log

OCTOBER 16, 2024

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. Usually, a false advertising injunction stops false statements about products.

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IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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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. Today I’m blogging the district court decision after that remand. Lanham Act Commercial Advertising or Promotion. The result is ugly. I really do hate this case.

Law 59

Law False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. Microsoft appeared first on Technology & Marketing Law Blog. In 2020, Medina got the disclosures from the 2014 case sealed. The trial court anti-SLAPPED that lawsuit. The appeals court affirms.

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False Advertising Publishing Advertising Advertising 105

43(B)log

MARCH 6, 2024

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. The court dismissed the complaint—the false advertising claims with prejudice.

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False Advertising Advertising Advertising Reporting 59

The IPKat

JUNE 13, 2022

Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

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Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. The complaint.

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False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

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False Advertising Government Privacy Designs 98

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

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Blogging False Advertising Litigation Marketing 105

43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others.

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False Advertising Advertising Advertising Designs 72

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Even without standing, Jones failed to state a claim for false association or false advertising.

False Advertising 87

False Advertising Trademark Registration Advertising 87

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS.

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False Advertising Marketing Marketing Advertising 141

IPilogue

DECEMBER 15, 2022

This follows Vogue’s controversial lawsuit asking a small English pub called “The Star Inn at Vogue” to change its name.

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Social Media False Advertising Copying Trademark 105

IPilogue

JUNE 21, 2022

In addition to the previous causes of action, Nike has asked the court to add counterfeiting and false advertising claims against StockX. On May 10 th 2022, Nike filed a memo in support of its motion for leave to file a first amended complaint in a revised lawsuit.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

DECEMBER 20, 2021

This case, where the legal holding is that the central advertising claims are just puffery, is a good illustration of the problem. Its blog said: “Pure, therapeutic-grade essential oils can have therapeutic effects on their users. The advertising describes “intangible, non-measurable benefit[s] akin to puffery.”

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Advertising Advertising Blogging False Advertising 90

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party. Google LLC , 2023 U.S.

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Advertising Advertising False Advertising Publishing 59

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. The court was unimpressed by Jain’s quibbles with particular statements.

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False Advertising Advertising Advertising Blogging 45

Technology & Marketing Law Blog

JUNE 12, 2022

However, because Plaintiffs do not earn revenue from consumers who utilize services from a Martino-endorsed company, the fact that HomeAdvisor earned revenue from its ads does not demonstrate that Defendants’ advertisements caused any revenue to be diverted away from Plaintiffs.” ” * Boost Beauty, LLC v.

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Trademark Advertising Advertising False Advertising 90

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

AUGUST 18, 2021

It alleged that defendants unlawfully conspired to restrain trade in violation of the Sherman Act and that NABP engaged in false advertising in violation of the Lanham Act. Lanham Act claims against NABP: “NABP’s website claims that sites on its Not Recommended List are unsafe and illegal, including Plaintiff’s website and blog.”

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False Advertising Blogging Marketing Marketing 56

43(B)log

JULY 25, 2024

False advertising: Overjet challenged statements that allegedly falsely indicated that (1) “Videa’s software is safe and effective for various medical purposes,” even though it had not obtained the relevant FDA clearance, and (2) it had “reached a technological milestone in AI development before Overjet.” Overjet, Inc.

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Copyright False Advertising Advertising Advertising 59

Delaware Intellectual Property Litigation Blog

JULY 4, 2021

Wishing all readers of the Delaware Intellectual Property Litigation blog a Happy 4th of July!

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Intellectual Property Blogging Litigation False Advertising 98

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

IP and Legal Filings

SEPTEMBER 14, 2023

This blog intends to explore this fine line as well as means to navigate this issue at hand to properly protect and encourage environmentalism and prevent these business giants from misusing trademarks to foster consumer trust. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

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Branding Branding Brands Trademark 98

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. The post Once Again, the ITC Finishes the Year with a Flurry of New Complaints appeared first on Global IP & Technology Law Blog. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

FEBRUARY 20, 2023

.” The agency stated in a press release that “boosting your products by hijacking another product’s ratings or reviews is a relatively new tactic, but is still plain old false advertising.” ” An FTC blog described this case as “ Mutiny on the Bountiful.” Let’s unpack this.

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False Advertising Branding Branding Brands 52

43(B)log

AUGUST 9, 2021

It brought Lanham Act and California FAL/UCL claims over defendants’ allegedly false advertising of their respective OTC lidocaine patches. Such a rule would allow any manner of misleading advertisement.” back and spinal pain). But that’s not relevant to the lost profits argument, which is part of causation.

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