43(B)log

JANUARY 13, 2023

11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/false advertising/deceptive trade practices under Hawaii law.

False Advertising 98

False Advertising Advertising Advertising Design 98

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned. But what about false advertising?

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

SEPTEMBER 28, 2021

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This makes no sense.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. The court displays some of the ads: Use in Commerce.

False Advertising 109

False Advertising Advertising Advertising Trademark 109

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 73

False Advertising Advertising Advertising Marketing 73

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Design 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

MARCH 9, 2022

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” “[T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” So too here.

False Advertising 69

False Advertising Advertising Advertising Branding 69

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. Vining, 2021 WL 4344891, No.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 29, 2024

The presentations were plausibly “commercial advertising or promotion” even if described as “seminars” and “continuing education courses.” The Seventh Circuit has said that face to face communication isn’t “commercial advertising or promotion” [though query whether that makes any sense if there’s a repeated script].

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

AUGUST 9, 2021

Here, plaintiffs alleged that TFL and Nelson had actual knowledge: they knew how the fraudulent scheme worked, that they were shipping products sold using deceptive and unfair advertising, that the ads and websites were false and misleading, and the nature of the tortious conduct being committed by Beyond Global and Doe defendants.

False Advertising 69

False Advertising Advertising Advertising Design 69

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Branding 72

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. As for the contributory false advertising claim, it too was well pled.

False Advertising 59

False Advertising Advertising Advertising Business 59

JD Supra Law

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP

Design Patent 65

Design Patent Patent Infringement False Advertising Design 65

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1)

False Advertising 59

False Advertising Advertising Advertising Copyright 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The district court found that these violations caused harm because they “were designed to create a false continuity between Italian VSL#3 and the De Simone Formulation so that VSL#3 could keep its prior customers and potentially poach new ones.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 6, 2023

It also criticized Lokring products and toolings and stated that “The major flaw in the Lokring design is the thin cross section in the middle of the fitting where the two pipes meet…. Its head of product development testified that the thin cross section had, as designed, worked acceptably for over 25 years.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

DECEMBER 15, 2023

were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.” There was no meaningful distinction between claims of being the “first” and claims of inventorship.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

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. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way.

False Advertising 68

False Advertising Advertising Advertising Patent 68

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

False Advertising 83

False Advertising Copying Advertising Advertising 83

43(B)log

AUGUST 27, 2024

PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. A consumer complaint cited by PNC might be relevant to false advertising, but didn’t obviously show trademark confusion: Venmo says they have lost connection with my bank – sounds like Venmo’s problem.

Advertising 52

Advertising Advertising False Advertising Design 52

43(B)log

SEPTEMBER 20, 2024

Scotts alleged rights in its red mark, black trade dress, black label, and yellow barrier design that were allegedly infringed by competitor SBM’s competing products. A product name is placed between the pentagon design and the information bars. At least the court is equally lenient with TM and false advertising?

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

OCTOBER 18, 2024

The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Thus, plaintiff couldn’t show falsity for false designation of origin/false advertising. to manufacture fresh milk for the community. the origin. the origin.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

JULY 24, 2023

But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.” Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Design 59

IP Law 360

APRIL 12, 2024

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

False Advertising 52

False Advertising Advertising Advertising Copyright Infringement 52

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will cover the travel and lodging expenses for invited authors.

False Advertising 64

False Advertising Trademark Advertising Advertising 64