43(B)log

MAY 7, 2024

To bolster the plausibility of her claims, plaintiff alleged that industry practice was to the contrary: Häagen-Dazs Pistachio Ice Cream and Ben and Jerry’s Pistachio Ice Cream both include actual pistachios, as does Thrifty brand ice cream, disparagingly described as “a less premium brand than Cold Stone Creamery.”

False Advertising 57

False Advertising Advertising Advertising Branding 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? The informal battles total at least three times three.

Trademark 80

Trademark Advertising Advertising False Advertising 80

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 second handed or vintage goods. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

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. Without the expert evidence, summary judgment for KIND was appropriate.

False Advertising 62

False Advertising Branding Brands Branding 62

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 83

Branding Brands Branding Trademark 83

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

And plaintiffs’ allegations do not establish that Apple created the Toast Plus app; rather, it was created by another information content provider and thus meets the third prong of the Barnes test. False Advertising. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation. .”

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

JUNE 27, 2024

Also, whether “handcrafted” may be deceptive in a particular case depends, at least in part, on the size of the brand holding its products out as “handcrafted,” and plaintiffs sufficiently alleged that Blue Ice was not a mass seller, so reasonable consumers could believe it “handcrafted” its vodka. of the FTC Endorsement Guides].”

Advertising 62

Advertising Advertising Social Media Law 62

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. Betsy Rosenblatt, Informational Functionality Genesis of the project: Thinking about fans and how fans use TMs, and thinking about sugar packets where the color of the packet tells us what’s in the packet not who makes the packet. Can provide information about consumer/target market.

Trademark 57

Trademark False Advertising Fair Use Branding 57

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 48

False Advertising Social Media Advertising Advertising 48

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon’s “promotional and safety literature … also contain statements which inform consumers that all Alcon products are safe and meet all criteria for sale in the United States.” Alcon Vision, LLC v. Lens.com, Inc.,

False Advertising 70

False Advertising Trademark Advertising Advertising 70

LexBlog IP

SEPTEMBER 14, 2022

” That same environmental information—encompassing the “E” in trending ESG—is of value to consumers who seek out and, at times, pay a premium for “green” branded products. In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

TMs are a proxy for all sorts of info and goodwill, but there are other things that are proxies for that and have always been—selling in a certain marketplace or mall gives information; being the first listing in the Yellow Pages (might be the first nonsense marks!). Amazon is used for more product search than Google. Human desire for TMs?

Fair Use 44

Fair Use Branding Brands Branding 44

IIPRD

AUGUST 4, 2022

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. In today’s market, a distinct brand identity is critical in all company sectors. Maintain your distinct brand identity. . Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

AUGUST 3, 2023

So too w/false advertising. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? But generic?

Registration 52

Registration False Advertising Advertising Advertising 52

LexBlog IP

NOVEMBER 17, 2021

Kaira’s brand AMUL is internationally renowned and India’s largest food brand. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira is based in India, has been in operation since 1946 and has over 3.2

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

JUNE 20, 2023

I teach that false advertising is probabilistic: if a representation is likely to deceive a substantial number of reasonable consumers, it is deceptive, even if not everyone is misled—but that conclusion is most reliable for competitor-plaintiffs, as this case shows.

False Advertising 57

False Advertising Marketing Marketing Advertising 57

SpicyIP

MARCH 10, 2024

The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name. During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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.” In response to the court’s order to develop more information about personal jurisdiction, Quincy submitted evidence of test orders, including one with a Wisconsin billing address (but shipping them elsewhere).

False Advertising 44

False Advertising Advertising Advertising Trademark 44

43(B)log

AUGUST 18, 2022

The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Based on Black & Decker’s reputation, the Pumas thought the coffeemaker would be better than the lower-priced store brand and paid more for it as a result.

Trademark 62

Trademark Licensing Branding Brands 62

43(B)log

APRIL 25, 2023

The front label contains the brand name “Topo Chico,” the word “Margarita,” and the phrase “Hard Seltzer.” Likewise, Warren’s claim that the use of the Topo Chico brand name would lead reasonable consumers to believe that it contains sparkling mineral water sourced from Monterrey, Mexico was not plausible. Coca-Cola Co.,

Branding 57

Branding Brands Branding False Advertising 57

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” If you just saw it, would you think that’s their brand?

Trademark 57

Trademark Fair Use Registration False Advertising 57

43(B)log

FEBRUARY 16, 2023

3, 2023) Foster alleged that the front label of WFM’s branded Fish Oil softgel product was false and deceptive because it suggests to a reasonable consumer that the Product contains 1000mg of two types of Omega-3s—EPA and DHA—per capsule, when in fact it contains only 300mg of Omega-3s per capsule. Whole Foods Market Group, Inc.,

Branding 70

Branding Brands Branding Marketing 70

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. A new trial is required for UDAP deception, but not for whether the acts were unfair.

Law 44

Law Advertising Advertising Journalism 44

43(B)log

AUGUST 24, 2021

The front label (and the highlighted “drug facts” information on the back) showed that they had the same composition. Consumers were allegedly injured because “the Infants’ Product can cost almost four times as much per ounce than the Children’s Product, despite being identical medicines.” Eidmann brought the usual California claims.

Designs 67

Designs Design Branding Brands 67

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. She received her J.D. with honors from Emory University School of Law in 2014 and her B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

SEPTEMBER 10, 2021

Defendant misleadingly labels and advertises its products as having “no preservatives” as well as being “free of artificial additives,” “non-GMO,” “healthy,” and “protein-packed.” Still, reasonable consumers also consult serving size and product yield information. So what to do?

Marketing 44

Marketing Marketing Advertising Advertising 44

43(B)log

APRIL 27, 2022

Similarly, images of a cookie and white morsels do not provide any information as to the substance of the morsels.” As plaintiffs pointed out, the relevant context includes the Nestlé brand name and the placement of the product next to chocolate chips in grocery store baking aisles.

Branding 44

Branding Brands Branding Business 44

43(B)log

MAY 22, 2023

As another court reasoned, “COLAs are too ‘informal’ to be considered regulations having the force of law. Importantly, there is no evidence that the TTB regulations address any sort of comparative analysis with other labels, or test for consumer confusion.” The court also found fraud adequately pled, including for the statutory claims.

Licensing 57

Licensing Law Branding Brands 57

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Questions: In each survey, respondents first got information about the stimulus, e.g.: “MiTek sells a structural connector called the ADTT-TZ. Simpson Strong-Tie Co. 2023 WL 137478, No. 20-cv-06957-VKD (N.D.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

43(B)log

FEBRUARY 28, 2022

2019), held — based on dictionary definitions — that the word “diet” when used “in a soft drink’s brand name is understood as a relative claim about the calorie content of that soft drink compared to the same brand’s ‘regular’ (full-caloric) option” and not a promise of weight management. Dr Pepper/Seven Up, Inc., 3d 1225 (9th Cir.

Marketing 57

Marketing Marketing Law Branding 57

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. False advertising: Not commercial advertising or promotion. The supposed Plainsboro location was allegedly vacant.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

SEPTEMBER 17, 2021

Nextiva’s independent contractor, Baruch Labunski, “fabricated fictitious online personas of RingCentral personnel, registered domain names using fake contact information, and created fraudulent websites associated with those domains for the purpose of redirecting users away from RingCentral, and toward unrelated business websites.”

Business 54

Business Marketing Marketing Branding 54

SpicyIP

APRIL 17, 2023

Of the new list of defendants who are sought to be impleaded, it was informed that channels of the defendant no. Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted. Rochem Separation Systems (India) Pvt.

Advertising 105

Advertising Advertising Confidentiality Trademark 105