43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 57

False Advertising Advertising Advertising Ownership 57

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 48

False Advertising Contracts Branding Brands 48

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. Qoins Technologies, Inc.,

False Advertising 44

False Advertising Advertising Advertising Business 44

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

Indiana Intellectual Property Law

FEBRUARY 23, 2023

They also assigned their entire right, title and interest in any idea, invention, design of a useful article, computer program and related documentation, as well as any other work of authorship made or conceived by them that relate to the actual or anticipated business for or on behalf of MaddenCo or its subsidiaries.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Indiana Intellectual Property Law

JULY 16, 2021

ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation. ABI is further claiming Defendants’ actions constitute false designation of origin and false advertising in violation of 15 U.S.C.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

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). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 57

False Advertising Advertising Advertising Business 57

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Section 230. eBay case from 2008. Implications.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” The breach of contract claim survived. False advertising: Only ok against Kitchen Cube.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 70

False Advertising Ownership Registration Designs 70

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 57

Advertising Advertising False Advertising Public Use 57

43(B)log

JULY 6, 2022

BD alleged that Medline made false and misleading statements that BD had to change its original design as a result of the patent litigation, that the original was found to infringe one or more of Medline’s patents, that the original was discontinued, and that the reverted design would negatively impact BD’s ability to supply sufficient inventory.

False Advertising 57

False Advertising Designs Design Advertising 57

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Young Living continued to advertise the products as being “therapeutic-grade.”

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in US” can also work. Joseph Lewczak: FTC v. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. UCL: The UCL, California Business and Professions Code § 17200 et seq.,

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

False Advertising 57

False Advertising Advertising Advertising Designs 57

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 57

Contracts Advertising Advertising Government 57

43(B)log

OCTOBER 4, 2021

False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” This was unambiguous and literally false, and likely material given its centrality. What about injury? “[H]ere

False Advertising 57

False Advertising Advertising Advertising Contracts 57

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 118

Blogging Law Contracts Cease and Desist 118

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Its label doesn’t list the exact quantity of each bacteria species or strain designation, noting instead that its blend of bacteria is proprietary. Did the non-label/package statements qualify as “commercial advertising or promotion”?

False Advertising 57

False Advertising Advertising Advertising Marketing 57

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. False advertising should be avoided when defaming a product. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 48

False Advertising Advertising Advertising Contracts 48

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

SEPTEMBER 20, 2022

Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines. At deposition, he said he was “test[ing]” the plaintiffs’ theory of liability, but the court interpreted his answers as showing that his questions were designed to support that theory.

Litigation 57

Litigation Contracts False Advertising Reporting 57

43(B)log

FEBRUARY 3, 2023

Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Gender and class?

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

DECEMBER 19, 2022

Plaintiffs brought claims under California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act against Coinbase and Marden-Kane, Inc., a company hired by Coinbase to design, market, and execute the sweepstakes. Issues of contract formation may not be delegated to an arbitrator.

Contracts 57

Contracts False Advertising Advertising Advertising 57

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. FTC and FDA think this already!

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. What are you going to do instead, advertise on Bing? A: they are very close. A: quite likely.

Law 117

Law Branding Brands Branding 117