43(B)log

AUGUST 9, 2021

Here, plaintiffs alleged that TFL and Nelson had actual knowledge: they knew how the fraudulent scheme worked, that they were shipping products sold using deceptive and unfair advertising, that the ads and websites were false and misleading, and the nature of the tortious conduct being committed by Beyond Global and Doe defendants.

False Advertising 67

False Advertising Advertising Advertising Designs 67

43(B)log

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

False Advertising 44

False Advertising Advertising Advertising Contracts 44

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 62

False Advertising Advertising Advertising Litigation 62

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 57

Advertising Advertising Marketing Marketing 57

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 57

False Advertising Cease and Desist Advertising Advertising 57

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. 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.

Fair Use 62

Fair Use Advertising Advertising False Advertising 62

43(B)log

SEPTEMBER 21, 2021

References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.”

False Advertising 57

False Advertising Contracts Advertising Advertising 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

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. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

Trademark 100

Trademark Advertising Advertising False Advertising 100

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. Prager Univ.

Advertising 62

Advertising Advertising False Advertising Copyright 62

43(B)log

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. (OK, OK, I’m not a big false endorsement fan, but … isn’t this false endorsement? Securranty, Inc.,

Advertising 70

Advertising Advertising False Advertising Contracts 70

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

43(B)log

SEPTEMBER 30, 2021

Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. Collection Development, LLC v. 12, 2021) Another timeshare company v. timeshare exit company case.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

JULY 15, 2024

“The test group was presented five pages from StockX’s website featuring the Authenticity Statements, and the control group was presented with similar webpages that featured versions of those statements that omitted references to ‘authentication’ or substituted them with references to ‘inspection.’”

False Advertising 67

False Advertising Branding Brands Branding 67

43(B)log

MARCH 29, 2024

The asterisk following “dermatitis” referred to this statement: “*the most common allergy in infancy. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Although Gerber referred to the qualified health claim determination in its ads, it didn’t use any of the approved versions.

False Advertising 103

False Advertising Advertising Advertising Reporting 103

43(B)log

JANUARY 18, 2022

12, 2022) The parties compete in the market for wood protection products. For example, it was plausibly false/misleading to advertise that users handling one of the products “need not wear protective equipment.” ISK Biocides, Inc. Pallet Machinery Group Inc., 3:21-cv-386, 2022 WL 122923 (E.D. There’s a magazine for pallets!

False Advertising 57

False Advertising Advertising Advertising Law 57

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

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

Advertising 87

Advertising Advertising False Advertising Trademark 87

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. This claim was based on carbon offsetting via participation in the voluntary carbon offset market.

Advertising 62

Advertising Advertising Marketing Marketing 62

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” Case citation : Jim S.

Advertising 84

Advertising Advertising False Advertising Trademark 84

Technology & Marketing Law Blog

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. He too sought to suppress references to the proceeding; that too failed. Microsoft appeared first on Technology & Marketing Law Blog. In 2020, Medina got the disclosures from the 2014 case sealed.

False Advertising 86

False Advertising Publishing Advertising Advertising 86

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. It was undisputed that Wound Care lost market share to defendants, including in the 18 states where defendants didn’t apply for Medicare authorization and during the incentive periods.

Advertising 57

Advertising Advertising False Advertising Contracts 57

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

Blogging 118

Blogging Law Contracts Cease and Desist 118

43(B)log

AUGUST 25, 2021

This was allegedly still false and misleading, and First Databank allegedly falsely advertised that it “compile[s]” the relevant information in its database and for its coding determinations from the FDA and from manufacturers, such as Alfasigma. That was too extensive, so the claims all failed.

False Advertising 70

False Advertising Advertising Advertising Designs 70

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. Why would the relevant consumers think that?

False Advertising 57

False Advertising Advertising Advertising Trademark 57

43(B)log

SEPTEMBER 14, 2021

May 28, 2021) The parties “compete in the at-home fitness market and offer products that allow consumers to attend live and on-demand fitness classes from home.” I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. We make a tablet computer better than apple.

Music 57

Music False Advertising Advertising Advertising 57

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

False Advertising 67

False Advertising Advertising Advertising Marketing 67

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, but, having kicked out the Lanham Act claims, the court didn’t proceed any further with the state claims.

False Advertising 58

False Advertising Advertising Advertising Marketing 58

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Automated Pet Care Prods., Purlife Brands, Inc.,

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

JUNE 11, 2024

Malwarebytes argued that its characterizations of Enigma’s products as “malicious” and a “threat” didn’t occur in commercial advertising or promotion but rather as part of the operation of its products. Here, the allegations sufficiently stated a marketing context. Were the statements in an advertisement?

Advertising 62

Advertising Advertising Designs Design 62

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. Nutramax and Zesty Paws are direct competitors in the pet supplement market. It’s used on every package and in advertising.

Branding 70

Branding Brands Branding Marketing 70

43(B)log

JULY 5, 2023

State law bars, among other things, false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions and advertising price comparisons without conspicuously identifying the origin of the price the seller is comparing to the current price.

False Advertising 70

False Advertising Advertising Advertising Marketing 70

43(B)log

JANUARY 20, 2023

18, 2023) T-Mobile’s “Banned Seniors” was a nationwide marketing and advertising campaign intended to attract customers over the age of fifty-five. After AT&T sued, T-Mobile changed the website by including “senior” or “55+” before every reference to a “discount.”) AT&T Mobility LLC v. T-Mobile USA Inc.,

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

JANUARY 8, 2024

5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less than the purported “regular” price. Michaels argued that it “advertises current—not former—prices,” so it wasn’t covered by the former price rule. Vizcarra v. Michaels Stores, Inc.,

Advertising 57

Advertising Advertising Marketing Marketing 57

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Brothers Co.

False Advertising 44

False Advertising Advertising Advertising Marketing 44