43(B)log

SEPTEMBER 17, 2021

16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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 72

False Advertising Advertising Advertising Licensing 72

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 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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 72

Advertising Advertising Branding Branding 72

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 59

False Advertising Advertising Advertising Trademark 59

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 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MARCH 14, 2023

Its principal, Patton, allegedly promoted the business “by creating a fictionalized crisis between [FedEx] and its ISPs and TSPs as an advertisement for the purported need for Route Consultant’s consultancy and other services.” FedEx also points to a report by a business analyst based on data “for 100 ISP businesses.

False Advertising 59

False Advertising Advertising Advertising Business 59

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 45

False Advertising Advertising Advertising Intellectual Property 45

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

Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

Advertising 93

Advertising Advertising Trademark False Advertising 93

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 59

Advertising Advertising False Advertising Marketing 59

IP Law 360

AUGUST 14, 2024

A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.

False Advertising 52

False Advertising Advertising Advertising Branding 52

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 64

Fair Use Advertising Advertising False Advertising 64

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 114

False Advertising Social Media Inventor Advertising 114

43(B)log

AUGUST 27, 2024

PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. A consumer complaint cited by PNC might be relevant to false advertising, but didn’t obviously show trademark confusion: Venmo says they have lost connection with my bank – sounds like Venmo’s problem.

Advertising 52

Advertising Advertising False Advertising Designs 52

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 59

False Advertising Advertising Advertising Reporting 59

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

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 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

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 59

Advertising Advertising Marketing Marketing 59

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 72

False Advertising Advertising Advertising Contracts 72

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 69

False Advertising Advertising Advertising Reporting 69

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

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 59

Advertising Advertising False Advertising Marketing 59

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 104

False Advertising Advertising Advertising Reporting 104

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 106

Trademark Advertising Advertising False Advertising 106

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 59

Advertising Advertising Social Media False Advertising 59

43(B)log

NOVEMBER 11, 2024

Since 2014, 80% of cases reported to the FDA (triggering the investigation) came from two vets affiliated with Hill’s. Allegedly because of the biased reporting, in 2018 the FDA issued a warning about repots of DCM in dogs “eating certain pet foods containing peas, lentils, other legume seeds, or potatoes as main ingredients.”

Journalism 52

Journalism Advertising Advertising False Advertising 52

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 59

Marketing Marketing Business False Advertising 59

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 56

Advertising Advertising Business Reporting 56

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 45

False Advertising Contracts Advertising Advertising 45

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 59

False Advertising Advertising Advertising Social Media 59

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 64

False Advertising Advertising Advertising Trademark 64

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Based on this label, do you believe that MiTek’s ADTT-TZ product has the same attributes, such as load capacity, number of required fasteners, and existence of code reports, as the DTT1Z product?

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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 59

Advertising Advertising False Advertising Marketing 59