Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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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.

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JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

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MARCH 4, 2025

19, 2024) Not a surprise, but fills a gap in the caselaw: employment ads arent commercial advertising and promotion for the business trying to hire. The court granted defendants motion to dismiss the state and federal false advertising claims, though other claims remain. Sun Nong Dan Foods, Inc. Kangnam1957, Inc.,

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JD Supra Law

OCTOBER 14, 2024

But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP

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Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle.

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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.

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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.

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MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v. Exxon Mobil Corp.,

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JUNE 29, 2023

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. NatureWise’s products advertised that they met the same Dr. Oz-endorsed requirements.

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JANUARY 13, 2023

Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. But what about false advertising? The court kicked out some but not all of the claims. Dastar barred a passing off claim.

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APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. Intentional interference with prospective economic advantage also survived.

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JD Supra Law

JANUARY 2, 2025

Effervescent, the Federal Circuit ruled that falsely advertising that a product feature is patented can constitute a violation of the Lanham Act. On October 3, 2024, in Crocs v. All the way back in 2006, Crocs sued several competitor shoe distributors for patent infringement. By: Sunstein LLP

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APRIL 25, 2023

Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. But IUDTPA remedies are additional to any other remedies available against the same conduct under the common law. There was no special verdict form.

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JD Supra Law

OCTOBER 17, 2024

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc.

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JD Supra Law

APRIL 25, 2024

Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement. In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S.

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DECEMBER 22, 2023

First, the court found that the state consumer protection law claims couldn’t cover the US because it wasn’t enough to allege that “substantially similar statutes” exist in all other states is insufficient, and they only cited California and Missouri consumer protection law in the complaint. So what was the problem?

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MAY 22, 2023

May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Hard Candy, Ltd.

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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. So false marking as to that was adequately pled. patent law. 2024 WL 629985, No.

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OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

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OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

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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.

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IP Law 360

MARCH 28, 2023

A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on social media to promote the business' services without his authorization.

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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. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

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JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. What Does the Book Cover?

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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.

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CoCal IP Law Institute

OCTOBER 17, 2024

Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Alexsam, Inc. Aetna, Inc., 22-2036 (Fed. 2024) where the court found in favor of [.]

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Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023.

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SpicyIP

JANUARY 30, 2024

or false advertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish? Some reports ( here and here ) suggest that the dispute may be related to false or misleading advertising.

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SEPTEMBER 22, 2023

NSF certification is practically required for residential septic systems; at least 37 states have adopted its requirements into law. Unusually, but soundly, the court proceeded to analyze the Michigan common law unfair competition claim separately. Michigan common law does not rely on the words of a statute, let alone a federal one.”

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JUNE 22, 2022

22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. Plaintiffs terminated an agreement to insure Securranty Inc.’s Is injury required for a §43(a)(1)(A) claim?

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JD Supra Law

APRIL 3, 2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler

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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].

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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.

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FEBRUARY 23, 2024

21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. The Glassdoor review was not “commercial advertising or promotion.” Ferens, 2024 WL 710632, No. 22-3778 (E.D.

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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.

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Patently-O

FEBRUARY 12, 2023

2023) involves a set of thirteen different professional models whose images were allegedly used without their permission to advertise for the Capital Cabaret, a strip club halfway between Raleigh & Durham, North Carolina. state law: Section 43 of the Lanham Act, 15 U.S.C. common law right of privacy – misappropriation.

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