43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. As for the contributory false advertising claim, it too was well pled.

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

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.

Advertising 70

Advertising Advertising Branding Brands 70

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 57

False Advertising Advertising Advertising Trademark 57

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

DECEMBER 15, 2023

July 25, 2014), report and recommendation adopted, No. 15, 2014), involved allegations that the defendants falsely claimed on their websites that they were the “first to create content fingerprinting technology,” and that competitors are using “borrowed” technology. Comment: “First printing” might therefore be different.)

False Advertising 44

False Advertising Advertising Advertising Intellectual Property 44

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 103

False Advertising Patent Infringement Patent Advertising 103

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 57

Advertising Advertising False Advertising Marketing 57

SpicyIP

JANUARY 30, 2024

They have sued rival restaurant chain Daryaganj for falsely taking credit for the creation of butter chicken. As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” News reports (of which there are several!

False Advertising 116

False Advertising Social Media Inventor Advertising 116

43(B)log

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.

Fair Use 62

Fair Use Advertising Advertising False Advertising 62

43(B)log

FEBRUARY 6, 2023

False advertising cases focusing on fake/undisclosed affiliate review sites accused Regal Assets of misconduct. As the Daily Beast reports , Regal's founder, and a whole lot of customer investments, have now disappeared.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

IP Law 360

SEPTEMBER 20, 2022

on Tuesday in its defense of false advertising claims brought by Monster Energy Co., denying Vital's motion to introduce a report previously ruled inadmissible after finding Monster did not "open the door" during its case-in-chief of the ongoing trial. A California federal judge delivered a blow to Vital Pharmaceuticals Inc.

Reporting 40

Reporting False Advertising Advertising Advertising 40

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 78

Advertising Advertising False Advertising Marketing 78

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J. 2d 460 (D.N.J.

Advertising 57

Advertising Advertising Marketing Marketing 57

43(B)log

AUGUST 16, 2021

11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. First, the court rejected the argument that Rule 9(b) applied to the false advertising claims.

False Advertising 70

False Advertising Advertising Advertising Contracts 70

43(B)log

JUNE 19, 2023

14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. As you might expect from these preliminaries, Red Points reported two of Unlimited’s listings on eBay as infringing and counterfeit.

False Advertising 67

False Advertising Advertising Advertising Reporting 67

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

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. June 26, 2019), report and recommendation adopted, No. In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” UGH. WorkshopX Inc.

Trademark 100

Trademark Advertising Advertising False Advertising 100

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.” He could be impeached with his relationship with Gerber.

False Advertising 103

False Advertising Advertising Advertising Reporting 103

IP Law 360

AUGUST 31, 2022

Vital Pharmaceuticals slapped Monster with an unfair competition suit Wednesday in Florida federal court even as its rival's false advertising trial proceeds against it in California, asserting that Monster is ignoring reports of "hazardous" ingredients and engaging in "trademark bullying."

False Advertising 52

False Advertising Advertising Advertising Reporting 52

43(B)log

SEPTEMBER 16, 2021

The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. Although Vacasa allegedly had an actual widespread promotional campaign in the relevant market, Meredith didn’t allege that those advertisements contained any false or deceptive representations.

Advertising 57

Advertising Advertising False Advertising Marketing 57

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. Lanham Act claim: Were these alleged statements commercial advertising or promotion? Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. They didn’t advertise any alternative or promote a specific product.

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

43(B)log

JULY 15, 2024

Butler found that there was no statistically significant difference in cells’ self-reported likelihood of purchasing shoes on StockX, suggesting lack of materiality. First, Nike argued, materiality was irrelevant because literally false claims are conclusively presumed to be material.

False Advertising 67

False Advertising Branding Brands Branding 67

43(B)log

DECEMBER 20, 2023

Codefendant Lienau allegedly assists clients with removing fraudulent products from Amazon’s website, and reported CDC to Amazon for selling counterfeits. It alleged that Lienau filed the reports for anticompetitive reasons after defendants suspected or confirmed the products were genuine.

False Advertising 62

False Advertising Advertising Advertising Trademark 62

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 44

False Advertising Contracts Advertising Advertising 44

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

Advertising 54

Advertising Advertising Business Reporting 54

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

43(B)log

FEBRUARY 26, 2024

From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

Advertising 57

Advertising Advertising False Advertising Marketing 57

43(B)log

APRIL 29, 2022

The judge recommended rejecting Lanham Act claims because statements made to Amazon only aren’t “commercial advertising or promotion” (the judge at one point wrongly shorthands this as “not commercial speech,” but finishes by correctly focusing on “not commercial advertising or promotion”), but rejecting the rest of the motion to dismiss.

Advertising 44

Advertising Advertising Contracts Patent 44

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

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 57

False Advertising Advertising Advertising Trademark 57

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

OCTOBER 12, 2021

In the false advertising context, a claim lacks substantiation when it is premised on the absence of evidence or inconclusive evidence; a claim is provably false when evidence contradicts or conflicts with the claim.” Some tidbits: Labrada argues that Woodard was bringing a prohibited “lack of substantiation” claim. “In

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

APRIL 27, 2022

“Because the purpose of the covers is to prevent animals from coming into contact with energized cutouts, Eco asserts that portraying Eco’s cutout covers as having a loose fit falsely suggested to PG&E that Eco’s products were not effective.” (3) There was also a triable issue on whether the videos constituted false advertising.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. means, because none of the allegedly false statements actually said “source of creatine.”

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

SEPTEMBER 20, 2021

Thus, the plaintiff was not going to get a preliminary injunction against its competitor for falsely advertising 6% nicotine content. All nicotine degrades with time, so all e-cigarette products contain different amounts of nicotine than reported. It brought state and federal false advertising claims.

False Advertising 57

False Advertising Advertising Advertising Marketing 57