Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. LoanStreet v.

Trademark 81

Trademark Advertising Advertising False Advertising 81

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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 59

False Advertising Advertising Advertising Branding 59

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. come from Italian ingredients, [are] processed and manufactured in Italian factories, and then exported.”

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

AUGUST 20, 2021

People in the industry use subscription pharmaceutical drug information databases to fulfill prescriptions and determine whether generic substitutes are available for brand named products. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

MARCH 18, 2022

Brough Brothers claims to be the “first and, and presently, the only African-American owned bourbon distillery in the Commonwealth of Kentucky.” Fresh Bourbon responded that it distilled its “Fresh Bourbon brand of Kentucky bourbon in cooperation with an appropriately licensed Kentucky distillery.”

False Advertising 69

False Advertising Advertising Advertising Marketing 69

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.

False Advertising 64

False Advertising Branding Brands Branding 64

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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 64

Advertising Advertising Social Media Law 64

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 49

False Advertising Social Media Advertising Advertising 49

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

Personality Rights 85

Personality Rights Privacy Trademark Law False Advertising 85

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Malwarebytes also warned that “sometimes [it] get[s] it wrong” and provided an email address to ask for “reconsideration” of its decisions.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MARCH 13, 2023

The revised perception survey involved presenting to respondents an un-branded ice cream product that displayed only the Vanilla Representations on the front label of the product. of respondents reported that they believed that “all of the vanilla flavor” comes from the vanilla plant; 16.6% were not sure.

False Advertising 56

False Advertising Branding Brands Branding 56

43(B)log

JULY 15, 2022

Likewise, while a 10% drop in donations was quantifiable in money, it could also serve as evidence of irreparable harm—that “the Spence Group’s confusing statements and advertisements have undermined the distinctiveness of the College’s trademarks.” I note that strong evidence suggests that the answer is “yes.”] Was this commercial speech?

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. The Lanham Act false advertising counterclaim was dismissed. There was also no FDCA preemption of the claims on the arguments presented. Alcon Vision, LLC v. Lens.com, Inc., 2022 WL 1665453, No. Defense stricken.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. Costco contended that “Tiffany” is not just a brand name but also a recognised term for ring setting which is not infringement as they have been using it in good faith. In pursuance of this Costco filed the present appeal.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Maintain your distinct brand identity. . False advertising should be avoided when defaming a product. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MARCH 31, 2023

27, 2023) Eshelby sued L’Oréal over its use of “Paris” (including as part of the brand name “L’Oréal Paris”) and French-language text in ads and on the front of packages when the products aren’t made in France. L’Oréal USA, Inc., 2023 WL 2647958, 22 Civ. 1396 (AT) (S.D.N.Y.

Branding 104

Branding Brands Branding False Advertising 104

LexBlog IP

SEPTEMBER 2, 2022

While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties. It is bad enough when your company is being investigated by law enforcement, but individual liability ratchets things up to a much higher level.

False Advertising 52

False Advertising Settlement Publishing Law 52

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

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 59

Trademark Fair Use Registration False Advertising 59

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. In a 2011 presentation, Walkowicz discussed their work on NASA’s Kepler Mission studying the constellation Lyra, including the constellation’s brightest star, called Vega.” Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

AUGUST 17, 2021

Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.” They don’t ban “[t]he use of a cocktail name as a brand name or fanciful name of a malt beverage, provided that the overall label does not present a misleading impression about the identity of the product.”

Marketing 80

Marketing Marketing Branding Brands 80

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning. But the trial court erred on materiality. The test is objective, not subjective.

Law 45

Law Advertising Advertising Journalism 45

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.

False Advertising 91

False Advertising Advertising Advertising Law 91

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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. The answers were always presented in the same order; the “Yes” response was always favorable to Simpson and unfavorable to MiTek. Simpson Strong-Tie Co. 2023 WL 137478, No. 20-cv-06957-VKD (N.D.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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.” And giving brands a chance to react? ” And it cost Nature’s Bounty $600,000. Let’s unpack this.

False Advertising 52

False Advertising Branding Brands Branding 52

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. While Illinois Tool sat on its hands, not only did J-B Weld’s sales grow, but it expanded its brands into more stores and launched new variants (like “Perma-Lock Green”).

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

DECEMBER 1, 2022

Plaintiffs have presented no evidence that any of these titles to the third parties’ artistic works have any source-identifying function.” But: “Famous trademark holders use their marks to brand and market all sorts of goods—some of which are artistic in nature…. It is so satisfying to see a court understand this.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Trademark and Copyright Law Blog

APRIL 7, 2020

Most of these trademark filings are long-abandoned, a field of virtual, sun-bleached bones that should serve as warnings to opportunistic would-be brand owners with their eyes on “trending” terms related to public crises. That quote may not be entirely accurate, but the U.S. An Outbreak of Recent Filings. A good PSA, I guess?

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. Rogers , 875 F.2d

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Web of federal and state regulation. How do they make that happen?

False Advertising 45

False Advertising Trademark Advertising Advertising 45