Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. Despite Doe v.

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43(B)log

DECEMBER 8, 2022

At trial, Republic alleged that HBI engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. It also rejected the Lanham Act false advertising claim, but found unfair competition and IUDTPA violations by HBI. And the advertising implies that the paper is made in Alcoy.

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43(B)log

AUGUST 26, 2021

Klayman alleged, among other things, that the newsletter was a false endorsement or advertisement under the Lanham Act because it identified him as “Chairman and General Counsel” after he had left Judicial Watch. His subsequent resignation does not render the newsletter a false endorsement or advertisement.”

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43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

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43(B)log

FEBRUARY 26, 2024

USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading. For example, 2U engaged in online advertising to promote USC Rossier’s ranking; it spent more than half of its revenue on program sales and marketing.

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The IPKat

MARCH 7, 2024

This Kat is delighted to present a review of Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development, edited by Prof. Jacques de Werra (University of Geneva). The analysis concludes with a review of recent US cases.

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43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act.

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43(B)log

MARCH 22, 2023

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. The Sixth Edition noted that the Guide had been “completely rewritten” to account for “groundbreaking discoveries” in cell-signaling.

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Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

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43(B)log

SEPTEMBER 21, 2021

They bought the annual edition of a legal resource manual, New York Landlord-Tenant Law (the Tanbook), which was published by Matthew Bender. The Tanbook was advertised and available for sale to the general public, including through Matthew Bender’s website and a public, online shopping service. 2021 NY Slip Op 03485, N.E.3d

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. She received her J.D. with honors from Emory University School of Law in 2014 and her B.S.

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Above the Fold

FEBRUARY 28, 2022

Companies should not edit the reviews, and should treat positive and negatives reviews equally. Additionally, incentives should not be conditioned on the review being positive, and the review should disclose any incentive provided. Review Moderation: Companies should have processes in place to verify that reviews are genuine and not fake.

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43(B)log

FEBRUARY 4, 2022

And no evidence warrants concluding that Tricam was prevented from accessing or editing this content if that became necessary. If Home Depot could change the Tricam-related content on its webpage without Tricam’s input, there is no evidence that happened. Tricam’s argument was that Home Depot required ANSI-compliance statements.

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Technology & Marketing Law Blog

JULY 22, 2021

The revised opinion also makes minor error corrections and numerous stylistic edits, like someone decided to polish up the draft. Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Seriously, what’s going on here? The Prior Opinion.

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LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

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43(B)log

MARCH 28, 2025

Other testimonials did come from real consumers but had been edited by Skillz. An internal guide, which was edited by Skillz executives, encouraged interviewers to ask questions about Papayas use of bots. It also sued Papaya for false advertising about lack of bots. The new allegations didnt change the outcome for Papaya.

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43(B)log

OCTOBER 4, 2021

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. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

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