43(B)log

DECEMBER 10, 2021

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” Edriver Inc.,

False Advertising 90

False Advertising Advertising Advertising Law 90

TorrentFreak

SEPTEMBER 19, 2022

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. However, with varying methodologies and definitions of ‘malicious’ it’s not easy to compare the findings. New Pirate Site Malware Research.

Advertising 101

Advertising Advertising Free Content Reporting 101

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

AUGUST 1, 2022

Plaintiffs also sufficiently pled that they were directly harmed by RJR’s false and misleading advertising. Liability attaches to those who “[k]nowingly makes a false representation” as to the product “for sale,” and the definition of “sale” explicitly includes an “attempt to sell” the product or service. “[I]ndividuals

False Advertising 59

False Advertising Advertising Advertising Law 59

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 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 13, 2024

J-B has used unqualified “Made in USA” claims in its advertising. ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. Epoxy: In J-B Weld Co., Gorilla Glue Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir. 1) was the error. (2)

False Advertising 59

False Advertising Advertising Advertising Trademark 59

LexBlog IP

JANUARY 9, 2023

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. So pay attention, marketers of foods and over-the-counter drugs and device manufacturers.

Advertising 52

Advertising Advertising Marketing Marketing 52

TorrentFreak

NOVEMBER 24, 2024

Advertising still promised the earth, but instead of receiving nothing for their money, subscribers were given access to obscure and unpopular content; a far cry from the blockbusters promised but a veneer of legitimacy for dubious operators. By 2021, the business model had evolved.

Reporting 98

Reporting Business Music Advertising 98

Above the Fold

MAY 14, 2021

This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here.

Advertising 40

Advertising Advertising 40

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 98

Fair Use Advertising Advertising Branding 98

Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 3, 2021

The court found that plaintiffs plausibly showed that ski passes were encompassed within the definition of “services.” But “a reasonable consumer would understand this was a promise for a definite period: the period of the 2019/20 year ‘during which snow conditions allow for skiing and when people typically go skiing.’”

Contracts 59

Contracts Advertising Advertising Licensing 59

43(B)log

SEPTEMBER 30, 2021

We are definitely not there yet. I don’t have a very strong position on whether misleadingness should be empirically or normatively assessed, but I do think courts should be clear on what they’re doing and not bounce unpredictably between the two concepts.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

LexBlog IP

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 20, 2024

Ortho black trade dress This was sufficiently definite; it didn’t include terms like “such as” or “for example,” which can be problematic. Scotts alleged that the products do not provide the advertised protection for up to 12 months or 365 days; that was sufficient to allege falsity.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

SEPTEMBER 16, 2021

Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JUNE 11, 2024

Malwarebytes argued that its characterizations of Enigma’s products as “malicious” and a “threat” didn’t occur in commercial advertising or promotion but rather as part of the operation of its products. Were the statements in an advertisement? This was plausibly an advertisement for purportedly superior products.

Advertising 64

Advertising Advertising Design Designs 64

The TTABlog

AUGUST 6, 2024

In its genericness analysis the Board relied on dictionary definitions, on third-party usage, and on Shepherd's own use of the proposed mark to refer to a type of product rather than a source. Shepherd’s advertising expenditures because the figures seemed modest and there was no evidence about what C.E. of New York v. NLRB , 305 U.S.

Advertising 70

Advertising Advertising Public Use Marketing 70

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

The TTABlog

FEBRUARY 12, 2024

As to incongruity, “it must be shown that in combination the descriptiveness of the individual words has been diminished, that the combination creates a term so incongruous or unusual as to possess no definitive meaning or significance other than that of an identifying mark for the goods.”

Advertising 117

Advertising Advertising Trademark Designs 117

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 94

Trademark Advertising Advertising False Advertising 94

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

TorrentFreak

OCTOBER 19, 2022

For example, domain registrars and hosting services are regularly called out, and the same is true for advertising and payment companies. The i2Coalition’s submission to the USTR notes that its members value copyright protection efforts but cautions against making the “notorious markets” definition too broad.

Marketing 139

Marketing Marketing Copyright Technology 139

43(B)log

NOVEMBER 11, 2024

This definition describes every pet food sold in America except for those made by defendant and two other companies.” The big problem was commercial advertising or promotion. Using the traditional Bolger factors for identifying commercial speech, these weren’t traditional advertisements. “[N]one

Journalism 52

Journalism Advertising Advertising False Advertising 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 113

Privacy Marketing Marketing Social Media 113

43(B)log

AUGUST 9, 2021

That seems wrong given the definition, but the court rejected this argument on the narrower ground that there were underlying allegations that Boyer’s also used marketing and advertising to tell consumers the packages contain coffee from Kona. And it definitely didn’t disparage Kona consumers. Nationwide Mut. 3d 254 (5th Cir.

Advertising 59

Advertising Advertising Publishing Branding 59

Plagiarism Today

MAY 4, 2022

However, since VPNs are commonly used as a way to ensure privacy while engaging in pirate activities, it could definitely have impacts there. However, 18 months ago, the site removed all advertising and sought to keep itself afloat with donations. According to the Indian government, the new policy takes effect June 27.

Copyright Notice 191

Copyright Notice Plagiarism Licensing Privacy 191

Plagiarism Today

OCTOBER 20, 2021

1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. The version of the movie released is a high definition edition from Europe, which isn’t as high of quality as some had hoped. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement 214

Copyright Infringement Licensing Plagiarism Editing 214

43(B)log

JANUARY 12, 2024

10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. Danone Waters, 2024 WL 112843, No. 8717 (NSR) (S.D.N.Y.

Marketing 69

Marketing Marketing Advertising Advertising 69

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 96

Trademark Registering Trademarks Advertising Advertising 96

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. McKnight doesn’t offer a concrete definition but stresses that online services can take stricter actions against people who repeatedly post infringing content.

Social Media 115

Social Media Advertising Advertising Law 115

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. And it was also ambiguous whether “Birmingham” meant with or without its suburbs.

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