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 62

False Advertising Advertising Advertising Litigation 62

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 44

False Advertising Advertising Advertising Marketing 44

43(B)log

AUGUST 11, 2021

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

False Advertising 82

False Advertising Copying Advertising Advertising 82

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” For the copyright claim, Outlaw didn’t show irreparable harm.

Advertising 62

Advertising Advertising False Advertising Copyright 62

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 78

Advertising Advertising False Advertising Marketing 78

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. And, they continued, SoClean was illegally marketing its devices.

Advertising 57

Advertising Advertising Marketing Marketing 57

43(B)log

JULY 15, 2024

As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” StockX moved to exclude it because his calculations were based on StockX’s profits from all of its sales of Nike sneakers, not just sales attributable to the allegedly false advertisements.

False Advertising 67

False Advertising Branding Brands Branding 67

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.

False Advertising 70

False Advertising Advertising Advertising Government 70

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 62

Advertising Advertising Designs Design 62

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. RectorSeal also sells a product known as the Metacaulk Box Guard.

False Advertising 57

False Advertising Advertising Advertising Designs 57

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc.

False Advertising 57

False Advertising Law Advertising Advertising 57

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” Anheuser-Busch Cos.,

False Advertising 70

False Advertising Advertising Advertising Marketing 70

43(B)log

MAY 7, 2024

These typographic barriers pale in comparison to the physical segregation presented in this case: defendant is not attempting to rely on an ingredients list on the package or in small print on a sign, which might require a consumer to inspect a side panel or reach for a pair of reading glasses.

False Advertising 57

False Advertising Advertising Advertising Branding 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

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 57

Advertising Advertising False Advertising Public Use 57

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. First Amendment: Plaintiffs sufficiently alleged that the trailer was false, commercial speech, defeating a First Amendment defense. Those were all present. of a motion picture.”

False Advertising 70

False Advertising Advertising Advertising Social Media 70

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

43(B)log

APRIL 27, 2022

PG&E asked Eco to design a “cutout cover” to prevent animals from coming into contact with “cutouts,” a type of electrical device that rests atop utility poles. The resulting ECC-3, which is designed for cutouts made out of porcelain, is Eco’s most successful product and is also sold to other utility companies.

False Advertising 57

False Advertising Advertising Advertising Reporting 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

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir.

False Advertising 62

False Advertising Branding Brands Branding 62

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ The Lanham Act false advertising counterclaim was dismissed.

False Advertising 70

False Advertising Trademark Advertising Advertising 70

43(B)log

MARCH 13, 2023

The revised perception survey involved presenting to respondents an un-branded ice cream product that displayed only the Vanilla Representations on the front label of the product. of respondents reported that they believed that “all of the vanilla flavor” comes from the vanilla plant; 16.6% were not sure.

False Advertising 54

False Advertising Branding Brands Branding 54

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. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere

False Advertising 57

False Advertising Advertising Advertising Contracts 57

IP and Legal Filings

APRIL 28, 2022

The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting. In pursuance of this Costco filed the present appeal. Image Source: gettyimage]. Costco is a chain warehouse store which sells goods of various categories including jewellery.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

LexBlog IP

SEPTEMBER 2, 2022

The complaint details efforts to post purchased positive reviews through “‘drip campaigns’ which involve ‘the steady flow of reviews’” that were designed to make the reviews appear natural and organic. We will be watching this case closely as it proceeds in litigation.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 57

Trademark Fair Use Registration False Advertising 57

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 57

Branding Brands Branding False Advertising 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

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 57

Social Media Marketing Marketing Advertising 57

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. 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. Why should digital influencers defend their intellectual property rights?

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning. This one didn’t. The test is objective, not subjective.

Law 44

Law Advertising Advertising Journalism 44

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Each product name has a “part name” (a letter or combination of letters designating the product line) and a “model number” (additional numbers and letters that distinguish parts with different attributes).

False Advertising 57

False Advertising Advertising Advertising Reporting 57

43(B)log

AUGUST 17, 2021

Defendant argued that consumers would understand these merely as “flavor designators.” But the regulations prohibit a malt beverage label from containing “[a]ny statement, design, device, or representation that tends to create a false or misleading impression that the malt beverage contains distilled spirits or is a distilled spirits product.”

Marketing 78

Marketing Marketing Branding Brands 78

43(B)log

MAY 3, 2023

“Defendant’s argument confuses the question of whether a reasonable consumer would likely be misled by an allegedly false advertisement with the separate question—relevant where reliance is at issue—of whether an individual consumer was misled by the advertisement….

Music 57

Music False Advertising Advertising Advertising 57