43(B)log

MARCH 6, 2024

Customers inform Qoins of their outstanding debts that they wish to pay and transfer money to Qoins “on a regular basis to satisfy such debts over time.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. But SouthState did have standing for a false advertising claim.

False Advertising 44

False Advertising Advertising Advertising Business 44

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 44

False Advertising Contracts Advertising Advertising 44

43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

Advertising 57

Advertising Advertising False Advertising Contracts 57

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. Drugs that contain the same active ingredients are considered identical, related, or similar. This was the basis of the counterclaims.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

Advertising 57

Advertising Advertising Marketing Marketing 57

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 57

False Advertising Advertising Advertising Contracts 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

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. VPX also allegedly advertised Super Creatine as providing the health benefits of “creatine.”

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. The slide deck had disclaimer language that the information on the slides was not complete, and that the slides contained forward-looking statements. The slide clearly compared the parties’ platforms.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Technology & Marketing Law Blog

JUNE 10, 2022

Perhaps the false pretenses could give rise to claims not alleged in this case? Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising?

Privacy 136

Privacy False Advertising Contracts Advertising 136

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. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 57

Marketing Marketing False Advertising Contracts 57

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

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. I’m not sure this makes sense.

Advertising 57

Advertising Advertising Social Media Contracts 57

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

SEPTEMBER 26, 2022

Demetres challenged Zillow’s use of Advertising Agents (real estate agents) and “Zestimates.” Falsity: First, Zestimates weren’t plausibly alleged to be literally or impliedly false. The court thought that this wasn’t material, but conflated false advertising and false association (which was plausibly alleged).

Government 57

Government Law Advertising Advertising 57

43(B)log

FEBRUARY 7, 2022

Nestlé’s cases held only that a defendant “could not have concealed information that is plain from the face of an easy-to-access document,” but did not hold that “publicly available information can never be concealed, no matter how deeply buried.”

False Advertising 57

False Advertising Advertising Advertising Law 57

43(B)log

SEPTEMBER 11, 2023

25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers and sandwiches. Breach of contract: Burger King argued that its ads weren’t binding offers.

Advertising 57

Advertising Advertising Contracts Law 57

43(B)log

JULY 6, 2022

The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. BD pled that “Medline successfully converted” one named customer in June 2021, on information and belief because of the claims of the increased risk of UTIs associated with BD’s product.

False Advertising 57

False Advertising Designs Design Advertising 57

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”? Route Consultant, Inc., 2023 WL 2466624, No.

False Advertising 57

False Advertising Advertising Advertising Business 57

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] 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

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Although members of the public are able to enter for chances to win prizes without paying money, Omaze advertises increased opportunities to win in exchange for larger donations.” I would think it would be much worse!

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

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. It didn’t advertise directly to clinicians or consumers, aside from the product label and package insert. Did the non-label/package statements qualify as “commercial advertising or promotion”? ExeGi Pharma, LLC v.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

DECEMBER 7, 2023

The complaint alleged causes of action for UCL fraudulent and unfair business practices; breach of contract; and “unjust enrichment.” The energy and environmental fee amounts were separately itemized on invoices and disclosed to customers, but without further explanation or information.

Contracts 44

Contracts Business False Advertising Advertising 44

43(B)log

JANUARY 5, 2024

The court kicked out quasi-contract, unjust enrichment, and restitution claims with leave to amend and claims for injunctive relief without leave to amend, but otherwise sustained the basic consumer protection theory. 2X” “commonly and clearly” denotes “two times.”

Contracts 57

Contracts Law Business False Advertising 57

43(B)log

NOVEMBER 5, 2021

3, 2021) SquareTrade sells service contracts for the protection of consumer goods. But “a party does not violate General Business Law § 349 by simply publishing truthful information and allowing consumers to make their own assumptions about the nature of the information.” SquareTrade Inc., 2021 WL 5113176, No.

Contracts 57

Contracts Business Law Publishing 57

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. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

FEBRUARY 22, 2022

The court dismissed claims for breach of contract and violations of the Customer Records Act (CRA), CLRA, FAL, and fraudulent prong of the UCL with leave to amend; this opinion addressed the amended complaint. Robinhood moved again to dismiss. These measures include computer safeguards and secured files and buildings.”

Privacy 52

Privacy Contracts Law False Advertising 52

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

43(B)log

SEPTEMBER 20, 2021

9, 2021) Plaintiffs, a healthcare management company and its individual owner alleged that a group of medical providers at RMCHCS secured their ouster as management company/Chief Executive Officer of RMCHCS through a campaign of false and misleading information. The court didn’t undertake any analysis of this element at this stage.

False Advertising 44

False Advertising Advertising Advertising Contracts 44

43(B)log

FEBRUARY 21, 2022

However, consumers cannot make the quantity of cups advertised on the label if they use one tablespoon per cup. cannister of Folgers Classic Roast advertises that it makes up to 240 cups of coffee, which, according to the instructions, requires 240 tablespoons, or 1200 grams of ground coffee. cup—of coffee. For example, a 30.5

Advertising 57

Advertising Advertising False Advertising Business 57

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

43(B)log

MARCH 20, 2023

They sued for violations of Washington’s Consumer Protection Act, breach of contract, breach of express warranty, and breach of implied warranty. They alleged that, had they known Solimo’s true melatonin dosage, they would not have purchased it at any price. The court denied Amazon’s motion to dismiss.

Law 82

Law Advertising Advertising Contracts 82