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 70

False Advertising Advertising Advertising Licensing 70

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 57

False Advertising Advertising Advertising Publishing 57

43(B)log

SEPTEMBER 22, 2023

Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions.”

False Advertising 57

False Advertising Advertising Advertising Business 57

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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 44

False Advertising Advertising Advertising Patent 44

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Where there is no allegation of a comparative advertisement, §43(a)(1)(B) requires “some affirmative indication of actual injury and causation.”

Trademark Law 57

Trademark Law Trademark False Advertising Law 57

Technology & Marketing Law Blog

JUNE 23, 2024

After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Lanham Act Commercial Advertising or Promotion. The Lanham Act only applies to “commercial advertising or promotion.” The result is ugly. I really do hate this case.

Law 59

Law False Advertising Advertising Advertising 59

43(B)log

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar. Google LLC, 951 F.3d

Advertising 62

Advertising Advertising False Advertising Copyright 62

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). YouTube appeared first on Technology & Marketing Law Blog. Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. eBay and Sellify v.

Trademark 94

Trademark False Advertising Advertising Advertising 94

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 78

Advertising Advertising False Advertising Marketing 78

Technology & Marketing Law Blog

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

False Advertising 88

False Advertising Publishing Advertising Advertising 88

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

False Advertising 57

False Advertising Advertising Advertising Branding 57

43(B)log

MARCH 29, 2024

2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) He would further opine that “there is a significant and substantial body of scientific evidence to support the representations in the Challenged Advertisements.” A review of medical literature is generally reliable methodology.

False Advertising 103

False Advertising Advertising Advertising Reporting 103

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

SEPTEMBER 26, 2022

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Other defendants allegedly used their roles in the standard setting process “to disparage and preclude Geomatrix products from the market.”

False Advertising 62

False Advertising Advertising Advertising Marketing 62

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So, is damage to the plaintiff part of the cause of action or no?

False Advertising 67

False Advertising Advertising Advertising Trademark 67

43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

Advertising 57

Advertising Advertising False Advertising Marketing 57

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. 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.”

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

JANUARY 3, 2024

The court grants partial summary judgment on trademark claims but reserves some, and a false advertising claim, for trial. However, there was a factual dispute over the extent to which Peninsula’s use of sales drawings constituted advertising. At oral argument, Peninsula did not dispute these facts. Approximately 2.5%

False Advertising 57

False Advertising Advertising Advertising Trademark 57

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. (Same thing with the Lori Drew prosecution from 2009).

Contracts 78

Contracts Designs Design False Advertising 78

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 62

Advertising Advertising Settlement Contracts 62

43(B)log

SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. The Today Show received the highest offer from Defendant, which offered 90% of market value. The Today Show received the highest offer from Defendant, which offered 90% of market value. That’s a question of fact.

False Advertising 44

False Advertising Advertising Advertising Television 44

LexBlog IP

JANUARY 31, 2024

This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. What does this mean for marketers who may be interested in producing advertising content using copyrighted works that have entered the public domain?

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” Publisher/Speaker Claims. Plaintiffs seek to hold Apple liable for its role in reviewing and making the Toast Plus app available, activity that satisfies the second prong of the Barnes test as publishing activity. False Advertising. Apple appeared first on Technology & Marketing Law Blog. Apple, Inc.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Social Media 105

Social Media False Advertising Copying Trademark 105

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. This was a specific and measurable advertisement claim of product superiority based on product testing and not puffery. Deception would be presumed for literally false statements.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. The parties compete in the industrial fastener market. PennEngineering’s “ceci n’est pas une Ford” theory of counterfeiting falls flat.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

Technology & Marketing Law Blog

DECEMBER 14, 2022

Kogan made a similar post to her account : MedSpa and Kogan published the photo other times as well. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. When is a video showing content published on social media an advertisement, and when it is a documentary?

Social Media 119

Social Media False Advertising Advertising Advertising 119

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). Guardant bases its contentions that Reveal works on “[p]eer reviewed data published by Parikh, et al.,

False Advertising 62

False Advertising Advertising Advertising Journalism 62

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 57

Advertising Advertising False Advertising Public Use 57

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter.

Social Media 52

Social Media Reporting Contracts False Advertising 52

Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement. Snap appeared first on Technology & Marketing Law Blog. The court says the victims indeed used such systems.

False Advertising 95

False Advertising Litigation Law Advertising 95

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” Facebook published a third-party ad. Facebook , Nos.

Intellectual Property 136

Intellectual Property Trademark Marketing Marketing 136

43(B)log

APRIL 17, 2023

Ariix alleged that NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements, and the Guide’s author MacWilliam were directly funded by Ariix’s competitor, Usana, so that Usana could achieve the Guide’s number-one rating for nutritional supplements. Ariix, LLC v. Nutrisearch Corp., 2023 WL 2933306, No.

Advertising 52

Advertising Advertising Editing Litigation 52

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79