IP Law 360

JANUARY 24, 2023

Intellectual property owners who can't justify the cost of trademark, copyright or advertising litigation in the current uncertain economic climate should consider less expensive brand-protection options, such as the Digital Millennium Copyright Act's uniform takedown procedure for online copyright infringement, says Michael Justus at Katten.

Branding 75

Branding Brands Branding Litigation 75

43(B)log

JANUARY 6, 2022

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

TorrentFreak

JANUARY 28, 2025

Additional risk of polluting or even displacing otherwise positive articles, could jeopardize what amounts to free advertising worth millions of dollars. “We have observed that, since filing of Nintendos litigation, you have begun deleting content you posted online, including content referenced in the Complaint.

Social Media 103

Social Media Litigation Copyright Copyright Infringement 103

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

JANUARY 13, 2023

11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/false advertising/deceptive trade practices under Hawaii law.

False Advertising 75

False Advertising Advertising Advertising Designs 75

Indiana Intellectual Property Law

APRIL 8, 2025

In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator. FW Allergy, based in Fort Wayne, Indiana , operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services.

Copyright Infringement 52

Copyright Infringement Advertising Advertising Copyright 52

43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

False Advertising 59

False Advertising Advertising Advertising Litigation 59

43(B)log

OCTOBER 9, 2023

Before it prevailed in the underlying patent litigation, Cap Export alleged that defendants disparaged Cap Export and its products as an infringer/infringing. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 and to Amazon. Given the alleged bad faith, this sufficed.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 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.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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). LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v.

False Advertising 59

False Advertising Advertising Advertising Law 59

IP Watchdog

NOVEMBER 15, 2021

Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC).

Technology 124

Technology Advertising Advertising Litigation 124

LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

Advertising 52

Advertising Advertising False Advertising Litigation 52

IP Watchdog

FEBRUARY 5, 2025

Impact Engine, the owner of several patents for internet advertising technology, has petitioned the U.S. Supreme Court asking it to review a U.S. Court of Appeals for the Federal Circuit (CAFC) decision that invalidated most of its patent claims as patent ineligible abstract ideas.

Advertising 59

Advertising Advertising Technology Patent 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

JD Supra Law

MARCH 4, 2024

The promotions can be successful, especially if local teams advance, but they can also lead to expensive litigation and damage awards if a station does not respect the NCAA’s intellectual property rights. Broadcast stations often conduct promotions tied to these tournaments and individual games. By: Lerman Senter PLLC

Advertising 70

Advertising Advertising Intellectual Property Litigation 70

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Also, a press release that discussed separate litigation in Italy about who owned VSL#3’s bacterial strains, unfairly compared VSL#3 and Visbiome referred to plaintiffs’ “aggressive efforts to sell their competing, generic probiotic product.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” You’ll see to its immediate right an advertisement (a promoted pin). Algorithms.

Advertising 119

Advertising Advertising Copyright Infringement Copyright 119

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Google cases. Want to Engage in Anti-Competitive Trademark Bullying? Greenberg v.

Advertising 111

Advertising Advertising Settlement Trademark 111

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Though litigation in this space is becoming more common, there still is not a great deal and much of what we have seen has been against internet service providers, such as Cox Communications. They estimate that class to be in the thousands.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

43(B)log

FEBRUARY 3, 2025

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

IP Watchdog

MARCH 5, 2024

did not infringe several claims of one IBM web advertising patent and that granted summary judgment of patent ineligibility on certain claims of another. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today mostly upheld a district court ruling that found Chewy, Inc.

Advertising 59

Advertising Advertising Patent Patent Infringement 59

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. These allegations fall short of alleging anticompetitive conduct in the online search advertising market.

Advertising 111

Advertising Advertising Marketing Marketing 111

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. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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.” Abbott Laboratories, F.Supp.3d 3d -, 2024 WL 402925, No. 4014 (PAE) (S.D.N.Y.

False Advertising 49

False Advertising Advertising Advertising Publishing 49

LexBlog IP

FEBRUARY 29, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Cedar Lane Technologies Inc.

Reporting 52

Reporting Litigation Patent Licensing 52

Plagiarism Today

OCTOBER 26, 2021

This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions. This isn’t to say there’s been no litigation in this area. However, commercial use of costumes still raises legal questions.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 119

Advertising Advertising Law Marketing 119

IP Watchdog

AUGUST 15, 2024

Technology patents unpatentable, save for one arguably key claim that covers “real-time targeted advertising.” Court of Appeals for the Federal Circuit (CAFC) on August 14 issued a Rule 36 decision that affirms several Patent Trial and Appeal Board (PTAB) rulings relating to petitions brought by Twitter and Google.

Technology 105

Technology Advertising Advertising Patent 105

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Section 230.

Advertising 111

Advertising Advertising Social Media Blogging 111

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. If the relief is for only two years, then why does it matter if relief is pushed out to the future?)

Settlement 118

Settlement Advertising Advertising Marketing 118

LexBlog IP

MARCH 5, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Adim8, LLC v. DoorDash, Inc.

Reporting 52

Reporting Litigation Patent IP 52

Technology & Marketing Law Blog

JANUARY 22, 2022

However… This litigation started June 2018, and it took 3.5 How many other UGC items have been removed that would have qualified for fair use if litigated in court; and how many 512(h) subpoenas have been issued for fair use activity? 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising).

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

IPilogue

FEBRUARY 2, 2022

I was pleased to gain exposure to a variety of topics including patent litigation, pharmaceutical regulations, and privacy law over the course of my internship. As a multinational pharmaceutical company, AstraZeneca is often involved in complex patent litigation.

Business 105

Business Privacy Intellectual Property Law Advertising 105