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

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

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 44

False Advertising Contracts Business Advertising 44

43(B)log

OCTOBER 1, 2021

In 2012, they allegedly signed a contract committing to purchase $573,000 in basil from plaintiffs per year, and then Whole Foods gave plaintiffs a “local producer loan” to buy greenhouse equipment, presenting them with an oversized check for $100,000 at the opening of a Whole Foods in Del Mar, California.

False Advertising 67

False Advertising Advertising Advertising Marketing 67

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

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

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). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 57

False Advertising Advertising Advertising Business 57

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

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. This sufficed, given that BD supported its allegation with “specific examples of misleading or false statements that Defendant’s sales representative made to other customers in emails and presentations.”

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

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

When LStar was founded, its lawyer (defendant Vining) allegedly implemented a scheme to take advantage of the founder, Corkum, persuading him to issue Vining twenty percent of plaintiff’s stock and appoint him as the vice-present, secretary, treasurer, and director. Not every word on a label or ad is a mark. What about injury? “[H]ere

False Advertising 57

False Advertising Advertising Advertising Contracts 57

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Fourth, Bumble required users to click through the blocker card while logged in (thus being able to show the user’s login credentials were present). Alkutkar used the dating app Bumble.

False Advertising 127

False Advertising Marketing Marketing Advertising 127

IIPRD

AUGUST 4, 2022

Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Any initiative to educate the public by presenting them with the accurate and proper information may be applauded. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JANUARY 3, 2023

Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative). Defendants argued that “a representation about one ingredient actually present in a product does not imply the exclusion of other ingredients.” But so what? “[T]his

Contracts 106

Contracts Marketing Marketing Law 106

43(B)log

OCTOBER 6, 2021

Member home inspectors enjoy certain benefits, including being advertised to homebuyers on the associations’ websites. Defendants counterclaimed against ASHI: (1) false advertising under the Lanham Act, and (2) tortious interference with business expectancy. First, was this commercial advertising or promotion?

False Advertising 57

False Advertising Advertising Advertising Licensing 57

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default. In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 57

Marketing Marketing False Advertising Advertising 57

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

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

SEPTEMBER 20, 2022

Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines. The survey presented individuals with “a mock-up of a product, that, in many respects, resembled the packaging of a KIND bar.” It didn’t, so eventually the case was unpaused.

Litigation 57

Litigation Contracts False Advertising Reporting 57

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

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? Lemley: is/should there be contributory false advertising liability?

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

AUGUST 3, 2023

A single user can obfuscate its past identity from its present. Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Not surprising that sellers make false claims—they’re desperate to sell. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. Slides here. Example from recent case: Abrahams v.

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. I’m not sure anyone is unclear on that, though—different politicians/groups just want conflicting things from regulation and Republicans in particular are presently pushing common carrier while Democrats are presently not.]

Law 117

Law Branding Brands Branding 117