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

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. citing Hustler v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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. Materials revealed in discovery can support a finding of good cause.

False Advertising 59

False Advertising Advertising Advertising Design 59

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 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

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

NOVEMBER 19, 2021

To borrow a metaphor that could have been written for this case, the producer’s advertising in the United States is a “complete fraud from bark to core.” That the producer defrauded consumers is of no moment for antidumping purposes, as the Department lacks jurisdiction to police false advertising violations. Int’l Trade Nov.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 28, 2021

Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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

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

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Alfasigma broke the link to the letter when ExeGi informed it of that fact. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

FEBRUARY 16, 2023

8, 2023) Chen alleged that Sur La Table violated the Washington Commercial Electronic Mail Act (CEMA) and the Washington Consumer Protection Act (CPA) by transmitting at least 22 commercial emails with purportedly false or misleading information in their subject lines.

False Advertising 45

False Advertising Advertising Advertising Law 45

43(B)log

MARCH 14, 2023

Route Consultant allegedly holds itself out as offering CSPs (and aspiring CSPs) advice and information regarding “acquisition strategy, business valuations, operations, efficiency, post-close support, [and] compliance review.” Was this “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC.

False Advertising 83

False Advertising Copying Advertising Advertising 83

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

43(B)log

SEPTEMBER 16, 2021

PureThink is a software and information technology consulting company that specializes in supporting agencies within the U.S. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Eventually, they released Neo4j EE version 3.5 under a commercial license only. Government.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

JUNE 30, 2022

28, 2022) The parties compete to provide online ordinations to individuals who wish to perform marriage ceremonies and accuse each other of misconduct in advertising. Lexmark , the court held, didn’t supersede the presumption of injury for false comparative advertising. C19-0301RAJ (W.D.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

AUGUST 27, 2024

PNC interface, L; Plaid connection interface with PNC logo, R sample Plaid bank selection workflow PNC alleged that Plaid infringed its trademarks by replicating the authentic PNC log-on screen to get them to provide private financial information, allowing Plaid to collect their data. Counterfeiting is probably the most eye-opening charge.

Advertising 52

Advertising Advertising False Advertising Design 52

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. When the information about the prior art came in, the court granted summary judgment in favor of Cap Export in the patent case and invalidated the patent.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other. The parties compete in the market for skid steer attachments and other products.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

OCTOBER 10, 2023

Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement. Cornelia never had any information contradicting negative claims about plaintiffs when the videos were published.

Advertising 64

Advertising Advertising False Advertising Social Media 64

43(B)log

SEPTEMBER 20, 2024

One information bar is yellowish/gold and the other information bar is silver. A product name is placed between the pentagon design and the information bars. 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

JUNE 26, 2023

Each side alleged false advertising by the other, primarily that each falsely advertised their products as containing enteric coating, which protects an enzyme from the stomach’s acidic environment and preserves its activity until it reaches the small intestine.

False Advertising 64

False Advertising Advertising Advertising Business 64

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

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. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

43(B)log

OCTOBER 1, 2021

Elias allegedly uses an online client portal that allows customers to place and track orders and provides further information on product pricing, availability, and the customer’s order history. Elias sued for violations of the CFAA, tortious interference, and “procurement of information by improper means.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

MAY 13, 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. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

False Advertising 75

False Advertising Trademark Advertising Advertising 75

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? Some versions of this look for advertising format in part 1.] It communicates information, expresses opinion, recites the grievances of others, and encourages dialogue on matters of public concern.” 5:22-cv-649-LCB (N.D.

False Advertising 60

False Advertising Advertising Advertising Marketing 60

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? The court first held that the challenged statement on its own wasn’t pure commercial speech because it “merely purports to convey information about NR and NR supplements” and didn’t refer to ChromaDex or its product; the link was not to a site that itself allowed purchases.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 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.

Advertising 40

Advertising Advertising False Advertising Social Media 40

43(B)log

SEPTEMBER 30, 2021

The lawyer defendants allegedly interfered with the timeshare contracts by (1) participating in the marketing defendants’ false and misleading advertising; (2) encouraging or directing the nonpayment of fees owed to Diamond; and (3) keeping the owners in the dark regarding the adverse financial consequences resulting from the nonpayment of fees.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.)

False Advertising 64

False Advertising Marketing Marketing Advertising 64