Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

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43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

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43(B)log

MARCH 9, 2022

His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. Melwani alleged that Amazon’s Brand Registry has not offered proactive brand protection and that it has been “almost impossible” to remove any listing through Amazon’s Brand Registry.

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43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

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43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

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JD Supra Law

APRIL 3, 2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler

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Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle.

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Editing Advertising Advertising Marketing 93

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. False advertising: Article III standing existed, but not Lanham Act standing. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D.

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. Price: $30 + shipping and tax.

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Editing Advertising Advertising False Advertising 52

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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SpicyIP

AUGUST 2, 2024

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

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43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” 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.

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43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

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43(B)log

OCTOBER 16, 2024

Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falsely advertised?

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Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

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Advertising Advertising Trademark False Advertising 93

JD Supra Law

SEPTEMBER 16, 2024

Fiskars Finland OY AB and Fiskars Brands Inc. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. collectively, “Fiskars”) sued Woodland Tools Inc. By: Irwin IP LLP

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Design Patent Patent Infringement False Advertising Design 63

IP Watchdog

FEBRUARY 14, 2024

Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

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IP Law 360

AUGUST 14, 2024

A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.

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43(B)log

SEPTEMBER 20, 2024

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. At least the court is equally lenient with TM and false advertising?

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43(B)log

SEPTEMBER 20, 2024

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.” That was a well-established method for measuring classwide damages in false advertising product label cases. 22-cv-1085-MMA (JLB) (C.D.

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43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

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43(B)log

OCTOBER 18, 2024

At the core, plaintiff alleged that defendant MGDH’s use of phrasing and imagery suggesting that Meadow Gold brand products are sourced in Hawai’i was misleading and deceptive because Meadow Gold products contain milk and other products, such as whipping cream, imported from the continental United States. Hawai’I Jun. the origin.

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43(B)log

JUNE 10, 2024

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. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,

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Branding Branding Brands Marketing 72

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

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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. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

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Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Rather, they would have chosen cheaper alternatives.

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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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43(B)log

MARCH 14, 2024

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. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.

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IP Law 360

APRIL 3, 2024

Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.

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LexBlog IP

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising.

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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

APRIL 15, 2024

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. Marketing channels: “Merely showing that both businesses advertise on the internet is insufficient to show marketing channel convergence.”

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IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

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Branding Branding Brands False Advertising 52

43(B)log

SEPTEMBER 13, 2024

J-B has used unqualified “Made in USA” claims in its advertising. ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. Epoxy: In J-B Weld Co., Gorilla Glue Co.,

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Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 7, 2023

3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to preclude him from opining on the ultimate question of likely confusion or balancing the trademark infringement factors, which was for the jury. GOLO, LLC v. 20-667-RGA (D.

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43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Proximity of the products: A factfinder would have to decide the relevance of new v.

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