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. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

AUGUST 11, 2021

ICC publishes revised I-Codes every three years, and it also publishes custom codes that reflect versions of the codes as adopted by states and local governments (the “Custom Codes”). UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. The court granted UpCodes’ motion for summary judgment. That’s costly.

False Advertising 64

False Advertising Copying Advertising Advertising 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 56

False Advertising Advertising Advertising Licensing 56

43(B)log

JULY 8, 2024

2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Some of them derived from a published, peer-reviewed paper. Abbott Laboratories, F.Supp.3d 3d -, 2024 WL 402925, No. 4014 (PAE) (S.D.N.Y. And it cited three allegedly contrary Abbott-funded studies.

False Advertising 49

False Advertising Advertising Advertising Publishing 49

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

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

43(B)log

FEBRUARY 9, 2022

She publishes photos of her products on eBay, and has registered some copyrights in the photos. In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. Sports Mall operates its own website. Query: are there actual damages?

False Advertising 45

False Advertising Advertising Advertising Copyright 45

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

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 45

False Advertising Advertising Advertising Publishing 45

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 59

False Advertising Advertising Advertising Business 59

43(B)log

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].

Advertising 80

Advertising Advertising False Advertising Marketing 80

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 ?). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. ” (Spoiler: he doesn’t get $1B). ” Cites to Tiffany v.

Trademark 105

Trademark False Advertising Advertising Advertising 105

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. ICS Provider. ” Cite to Opperman v. Third-Party Content.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

AUGUST 5, 2022

published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

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 105

False Advertising Publishing Advertising Advertising 105

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

OCTOBER 15, 2024

3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 24-10595-WGY (D.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? A jury found defendants liable for false advertising through a purportedly unbiased, independent site. The panel, over two separate dissents, sends it back for reassessment of disgorgement, attorneys’ fees and costs (and still doesn’t publish the opinion).

False Advertising 69

False Advertising Advertising Advertising Trademark 69

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 105

False Advertising Social Media Publishing Advertising 105

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.”

Advertising 49

Advertising Advertising False Advertising Copyright 49

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 130

Social Media False Advertising Advertising Advertising 130

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

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 104

False Advertising Advertising Advertising Reporting 104

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

FEBRUARY 6, 2025

Previously, the court held that there was a genuine issue of material fact as to whether Metrasens advertisements proximately caused KDI to lose business from the University of Pittsburgh Medical Center, one of KDIs existing customers, which also created a genuine factual issue on corresponding tort claims. And it is a rebuttable presumption.

Advertising 52

Advertising Advertising Marketing Marketing 52

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

Fair Use 113

Fair Use Copyright Artwork Social Media 113

43(B)log

AUGUST 20, 2021

The FDA publishes the “Orange Book,” which lists all approved drugs and their therapeutic equivalence determinations, and which is “the primary mechanism used in the pharmaceutical industry to determine whether drugs are therapeutically equivalent, rather than only pharmaceutically equivalent.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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 59

Trademark Law Trademark False Advertising Law 59

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 64

False Advertising Advertising Advertising Journalism 64

43(B)log

FEBRUARY 16, 2023

The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

Erik K Pelton

DECEMBER 20, 2022

The application was initially approved and published for opposition in June 2022. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Last March, Ms. Metaverse and NFT Filings Decrease.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

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

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! However, Crocs published the press release on its website and had the press release published to 440,000 websites, newsrooms, and direct feeds using PRNewswire. Crocs, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

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.

Advertising 59

Advertising Advertising False Advertising Publishing 59

43(B)log

SEPTEMBER 9, 2021

13, 2021) Competing in the marketplace of ideas can ground a defamation claim, but not a false advertising claim. TheStreet published an article by Price titled, “If It Sounds Too Good to be True, It Will Probably Cost You.” Crash Proof Retirement, LLC v. Price, 2021 WL 1387501, No. 2:20-cv-05906-JDW (E.D.

Journalism 69

Journalism False Advertising Advertising Advertising 69

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. PennEngineering claims a PEM family of marks and sued Peninsula for trademark infringement, counterfeiting, false advertising, and unfair competition.

False Advertising 59

False Advertising Advertising Advertising Trademark 59