43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 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. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion.

Advertising 78

Advertising Advertising False Advertising Marketing 78

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” That prompted this litigation. June 26, 2019), report and recommendation adopted, No. ” UGH. WorkshopX Inc. Build a Sign, LLC , No. 1:18-CV-850-RP, 2019 WL 5258056, at *2 (W.D.

Trademark 100

Trademark Advertising Advertising False Advertising 100

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex.

Advertising 57

Advertising Advertising Social Media False Advertising 57

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. Defendant BPM.com reported on the BPM industry. Previous discussion.)

Marketing 57

Marketing Marketing Business False Advertising 57

BYU Copyright Blog

APRIL 25, 2022

Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. March 2, 2022, EIF filed an Answer to the Second Amended Complaint.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

Technology & Marketing Law Blog

FEBRUARY 12, 2023

It’s a standard litigation dilemma: do you advance every possible claim that is remotely possible, or do you focus the claims on just the strongest ones so you don’t dilute or distract from those with tenuous claims? As it turns out, the court categorically sidesteps 230, so Snapchat ends up litigating each claim anyway.

False Advertising 94

False Advertising Litigation Law Advertising 94

43(B)log

SEPTEMBER 5, 2023

The University issued a report concluding two of the five BRBs did not satisfy American Institute of Steel Construction (AISC) 341-10 requirements. The report stated, “Further development is required for improving these two BRB types.” Summary judgment for defendants. Is there a harm requirement? So it could go to trial.

False Advertising 57

False Advertising Law Advertising Advertising 57

43(B)log

APRIL 27, 2022

That PG&E employee asserted his Fifth Amendment rights in this litigation and refused to be deposed, which does raise some eyebrows. 3) Reliaguard allegedly provided PG&E a doctored test report falsely suggesting that Eco’s ECC-2 cutout cover was not flame resistant.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

Technology & Marketing Law Blog

JULY 25, 2021

For more on this, see my expert report in the Larsen v. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Larson case.

Advertising 107

Advertising Advertising Settlement Trademark 107

43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

JULY 1, 2024

at 2, The article has been described as “groundbreaking,” with “widespread influence” on nationwide litigation in which plaintiffs allege that exposure to cosmetic talcum powder caused their mesothelioma. She allegedly “made a career” as a paid expert testifying on behalf of plaintiffs in asbestos litigation over the course of twenty years.

Journalism 62

Journalism False Advertising Publishing Litigation 62

43(B)log

MAY 19, 2023

In re Natera Prenatal Testing Litig., Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” 22-cv-00985-JST, 2023 WL 3370737, -- F. The importance of PPV is easy to overlook.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon also allegedly sells a significant number of lenses overseas that are not FDA-compliant, rendering its product packaging for such lenses false and misleading to consumers, including Lens.com. Alcon Vision, LLC v. Lens.com, Inc.,

False Advertising 70

False Advertising Trademark Advertising Advertising 70

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. And their expert report was not good.

Social Media 57

Social Media False Advertising Advertising Advertising 57

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 57

Law False Advertising Social Media Branding 57

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. If the relief is for only two years, then why does it matter if relief is pushed out to the future?)

Settlement 116

Settlement Advertising Advertising Marketing 116

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Also, product shots have been a constant source of copyright litigation.

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

Due Diligence 62

Due Diligence False Advertising Social Media Advertising 62

43(B)log

AUGUST 31, 2021

Compared to the “rigorous” approval process for prescription-drug labels, the TTB process “hinges on self reporting” and reflects only the representations made to it by the distributor, not an endorsement of those claims. Thus, “a geographic reference on a wine label is understood to be an assertion about the origin of the product.”

Graphic Design 54

Graphic Design Government Designs Design 54

43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 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.

False Advertising 44

False Advertising Advertising Advertising Litigation 44

43(B)log

APRIL 17, 2023

In other timeshare exit cases, including cases against these defendants, the plaintiffs presented evidence of materiality, including an expert report. Only one found defendants through the website on which they hosted the allegedly false and misleading advertisements. Here, those factors weighed in favor of such recovery.

False Advertising 57

False Advertising Litigation Advertising Advertising 57

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 117

False Advertising Advertising Advertising Law 117

43(B)log

SEPTEMBER 20, 2022

In re Kind LLC “Healthy and All Natural” Litig., Nor did plaintiffs’ survey report provide a way to define a reasonable consumer’s understanding of “All Natural,” because the court excluded it. 2022 WL 4125065, 15-MD-2645 (NRB), 15-MC-2645 (NRB) (S.D.N.Y. Previously, the court allowed NY, Florida, and California classes to proceed.

Litigation 57

Litigation Contracts False Advertising Reporting 57

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Recent litigation initiated by Texas and other Republican-led AG offices includes challenges to vaccine mandates and litigation over the failure to build a wall along the U.S.

Social Media 52

Social Media Privacy Advertising Advertising 52