43(B)log

SEPTEMBER 16, 2021

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. Government. Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

FEBRUARY 26, 2024

The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.” came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. It was not. NO Registering.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 5, 2022

reached the point of exasperation, terminated the agreement with Glamour Dolls, and contacted the Federal Government. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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Advertising Advertising False Advertising Social Media 40

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.

False Advertising 71

False Advertising Advertising Advertising Government 71

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

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Brands Branding Branding Personality Rights 105

The TTABlog

AUGUST 12, 2021

Whether, in the absence of an express limitations period in the Lanham Act, the timeliness of a § 43(a) suit for false association and false advertising is governed by the most analogous state law statute of limitations, or instead, by laches. Read comments and post your comment here.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Intepat

APRIL 25, 2025

Since filing the case, Nike has expanded the charges filed to include claims of counterfeiting and false advertising. Inadequacies of Existing Legal Frameworks The existing legal frameworks governing IP rights are inadequate to address the unique challenges posed by NFTs in the fashion industry.

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IP Brands Branding Branding 52

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. sought to send the case to arbitration. The district court disagreed. Warner Bros.

False Advertising 98

False Advertising Government Privacy Design 98

JD Supra Law

JULY 20, 2023

In the United States, trademarks are governed on the federal level by the Lanham Act (also known as the Trademark Act of 1946), which was enacted on July 5, 1946, and is codified at 15 U.S.C. 1051 et seq.

False Advertising 52

False Advertising Advertising Advertising Registration 52

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh. For example, in the McNeil v.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

AUGUST 20, 2021

State law governs how and when pharmacists and health care professionals can and must make generic substitutions. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

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False Advertising Advertising Advertising Marketing 59

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. The FTC has also issued a proposed Trade Regulation Rule on Impersonation of Government and Businesses that will hopefully help increase enforcement efforts and reduce the number of scams.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

JANUARY 21, 2022

18, 2022) Guardant sued its competitor Natera over an alleged “campaign of false and misleading advertising directed at” Guardant’s new product Reveal, a liquid biopsy cancer assay for early-stage colorectal cancer (CRC). The claims were plausible under either ONY or the the [governing?] Guardant Health, Inc. Natera, Inc.,

False Advertising 64

False Advertising Advertising Advertising Journalism 64

43(B)log

AUGUST 28, 2024

15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. Despite the plausibility of these arguments, the court adopted the rule that “the law does not impute representations of government approval. What about “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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 45

Government Law Advertising Advertising 45

43(B)log

SEPTEMBER 3, 2021

29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, Lanham Act false advertising, and RICO violations. It didn’t like having some of its content on its FB page labeled “false,” out of date, or unreliable.

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The IP Law Blog

OCTOBER 27, 2022

This case is a strong reminder to pay close attention to all procedural rules governing a case, including specifically all Local Rules of the District and any Scheduling Orders and/or Standing Orders issued by the Judge. Thus, the Court summarily denied the motion to dismiss.

False Advertising 98

False Advertising Patent Advertising Advertising 98

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.) Chapter 93A).

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Marketing Marketing Business False Advertising 59

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

AUGUST 7, 2023

But Paul Mitchell, they allege, once imported those products into China and registered them with the Chinese government—at a time when Chinese law required that companies test cosmetic imports on animals as a condition of registration. The plaintiffs say they took Paul Mitchell at its word and bought some of those products.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL. The court partially granted/denied Nexo’s motion to dismiss.

False Advertising 45

False Advertising Ownership Advertising Advertising 45

SpicyIP

APRIL 17, 2023

The Single judge restrained the appellant (HUL) from publishing a print advertisement and airing three YouTube videos for its product ‘Domex’. The advertisements were found to be disparaging the toilet cleaner sold by respondent under tradename of “Harpic”. Madras High Court inaugurates its Intellectual Property Rights Division.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. See, e.g., Ripple v. Despite this, a textualist reading of Section 230(e)(2) may point in a different direction. I even agree with the latter point!)

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

MARCH 23, 2022

Roughly: Orthodontists accused SDC of falsely advertising its plastic aligners as equivalent to traditional orthodontic treatment.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 22, 2021

9, 2021) Alleged ambiguity didn’t save AB from this false advertising claim. Based on these facts, it was deceptive for AB to advertise Michelob ULTRA Hard Seltzer as “the only” or “the first” “national USDA certified organic hard seltzer.” Suzie’s got a TRO (assisted by the TMA).

Advertising 59

Advertising Advertising False Advertising Government 59

43(B)log

SEPTEMBER 5, 2023

Defendant SBC sent a ninety-page document titled “Design Manual” to at least six prospective clients, including the statement: “These patented methods have now been tested and qualified for use on projects in accordance with governing building codes (AISC 341).” It claimed a “[p]roduce capacity of over 5000 BRBs per year.” This was ambiguous.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

OCTOBER 11, 2023

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. False advertising: No Lexmark standing for want of proximate cause. False advertising: No Lexmark standing for want of proximate cause.

Licensing 49

Licensing False Advertising Advertising Advertising 49

IP and Legal Filings

SEPTEMBER 14, 2023

Apart from the growing interest of the consumers towards environmentally conscious purchases, various governments all over the world are offering incentives to companies that promote the ideology through their products and services to prioritize environmental protection. One such instance is the advent of green trademarks or eco-marks.

Brands 98

Brands Branding Branding Trademark 98

43(B)log

FEBRUARY 7, 2022

“Each time they bought a bottle of Poland Spring water, they had a mature claim for false advertising… [A] second sale did not affect whether the first sale was legal or compound the damages from the first sale.” But claims under the consumer protection laws of other states were governed by their timeliness rules, not Connecticut’s.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

SEPTEMBER 22, 2021

23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” Libel/false light claims aren’t addressed in this decision; see below.) Rogers governed the false advertising claim. CV 19-9330-CBM-AS(x) (C.D. It’s about money laundering.)

False Advertising 45

False Advertising Advertising Advertising Privacy 45

LexBlog IP

FEBRUARY 22, 2023

And, finally, no doubt some advertising lawyer advised them to talk about goals rather than concrete promises so there is some wiggle room just in case. Enter now the National Advertising Division. Second, as anyone who has ever tried to lose weight well knows, a goal is a whole lot easier to set than actually achieve.

Advertising 52

Advertising Advertising False Advertising Government 52

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false.

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False Advertising Law Advertising Advertising 45

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

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False Advertising Law Advertising Advertising 45

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 105

Blogging False Advertising Litigation Marketing 105

43(B)log

JULY 8, 2024

28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Delta Air Lines, Inc., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C.

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