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.

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Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. However… This litigation started June 2018, and it took 3.5 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). This is good news for Kevin McFree.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

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Advertising Advertising Settlement Trademark 111

LexBlog IP

NOVEMBER 7, 2022

Seyfarth Shaw is a Law Master Sponsor for the 2022 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. Seyfarth’s topics include: Advertising Litigation Developments. Urmi Patel Senior Principal Legal Counsel Whole Foods Market, Inc.

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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.

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Fair Use Advertising Advertising False Advertising 64

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 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.” 17-cv-7394 (LJL) (S.D.N.Y.

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Advertising Advertising False Advertising Marketing 80

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.

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Advertising Advertising Copyright Infringement Copyright 119

43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

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False Advertising Advertising Advertising Marketing 59

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.

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Advertising Advertising Law Marketing 119

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.

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False Advertising Advertising Advertising Licensing 52

The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

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Advertising Advertising Marketing Marketing 104

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

Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. Implications.

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Fair Use Marketing Marketing Litigation 116

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.

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Trademark Copyright Cease and Desist Copying 279

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

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Marketing Marketing False Advertising Advertising 59

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

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Marketing Marketing False Advertising Advertising 59

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C.

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False Advertising Advertising Advertising Law 68

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.

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False Advertising Advertising Advertising Patent 59

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. Appian disseminated the report through its sales team, social media, and other marketing.

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Marketing Marketing Business False Advertising 59

43(B)log

MAY 2, 2022

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits.

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Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

OCTOBER 12, 2022

” From the advertising context, this situation reminds me a little of the legal fiction of “puffery,” which courts treat as legally non-actionable even when there is persuasive evidence that puffery changed consumer behavior. Facebook needs explain its fact-checks, but doing so fuels unhappy litigants like Stossel.

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Litigation Advertising Advertising Blogging 145

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

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False Advertising Advertising Advertising Litigation 64

Olartemoure Blog

OCTOBER 30, 2023

We touch on topics like its regulatory framework, clinical practice, marketing authorization, amending authorizations, recall, promotion, enforcement of advertising rules, pricing and reimbursement, off-label use and unlicensed products, sale and supply, and recent trends that have been noticed.

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Intellectual Property Marketing Marketing Publishing 105

Traverse Legal Blog

SEPTEMBER 27, 2024

One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Introduction Are grey market sellers and counterfeiters damaging your brand’s reputation and undercutting your sales on Amazon?” There’s both good news and bad news. Let’s start with the bad news.

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Branding Brands Branding Marketing 52

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. These stamps are thus unquestionably statements of the Defendants.”

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False Advertising Advertising Advertising Business 59

43(B)log

MARCH 4, 2022

2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. ThermoLife Int’l LLC v. BPI Sports, LLC, 2022 WL 612669, No. 21-15339 (9 th Cir. ThermoLife’s allegations were too speculative to establish proximate causation.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

IP Watchdog

DECEMBER 19, 2023

Scott Hargis is an architectural photographer who sued Pacifica Senior Living Management LLC in September 2022 for damages and injunctive relief related to infringement of 43 of Hargis’ photos that Pacifica used to advertise and market its senior living facilities.

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Advertising Advertising Copyright Reporting 106

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.

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False Advertising Advertising Advertising Licensing 56

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

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Advertising Advertising Social Media False Advertising 45

LexBlog IP

MARCH 7, 2023

.” At the time of publication, the directory is currently a list of 27 ingredients that have been marketed as dietary supplements. This directory will aid manufacturers and firms marketing dietary supplements in assessing regulatory and litigation risk over the dietary supplement product life cycle.

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Marketing Marketing Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

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Social Media Ownership Business Branding 119

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.

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Advertising Advertising Social Media Blogging 111

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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Technology & Marketing Law Blog

JANUARY 19, 2023

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.” ICS Provider. ” Publisher/Speaker Claims.

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False Advertising Social Media Publishing Advertising 105

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.

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Fair Use Copyright Artwork Social Media 109

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. The complaint made methodological critiques of Abbott’s favored studies, which weren’t implausible.

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False Advertising Advertising Advertising Publishing 49

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008. Apple , and Evans v. HP (re the Chubby Checker).

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False Advertising Privacy Publishing Advertising 143