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. ” Limitation of Liability.

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False Advertising Privacy Publishing Advertising 143

43(B)log

APRIL 17, 2023

13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.”

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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. Since the court had some interesting evidentiary rulings, I’m blogging that here. Motion in limine granted.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

OCTOBER 16, 2024

30, 2024) I don’t usually blog default judgments, but this one was interesting. KHN makes blood-alcohol concentration breathalyzers; defendants make competing breathalyzers “popularized by fake reviews and false quality assurances on Amazon.” Plaintiff was required to plead false advertising with specificity, then prove it.”

False Advertising 59

False Advertising Marketing Marketing Advertising 59

IPilogue

JUNE 21, 2022

Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. StockX has sold over 500 Nike-branded NFTs which can be redeemed for the physical shoes “in the near future.” StockX Vault NFTs.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 98

Branding Branding Brands Trademark 98

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.” Despite Doe v. The complaint.

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False Advertising Social Media Publishing Advertising 105

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

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

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Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

FEBRUARY 20, 2023

.” The agency stated in a press release that “boosting your products by hijacking another product’s ratings or reviews is a relatively new tactic, but is still plain old false advertising.” ” An FTC blog described this case as “ Mutiny on the Bountiful.” Let’s unpack this.

False Advertising 52

False Advertising Branding Branding Brands 52

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Labeled search results. Reyes & Adler v.

Advertising 111

Advertising Advertising Settlement Trademark 111

43(B)log

JULY 25, 2024

It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” The court also noted that, when the blog post was published, it contained an “investigational” disclaimer; that disclaimer was removed when Videa obtained the relevant FDA clearance.)

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. pharmacies.”

Marketing 56

Marketing Marketing False Advertising Advertising 56

43(B)log

MAY 3, 2023

Similar guarantees remain on Young Living’s “various blogs and other websites.” Young Living continued to advertise the products as being “therapeutic-grade.” Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.”

Law 40

Law False Advertising Advertising Advertising 40

43(B)log

SEPTEMBER 10, 2021

Further: The reasonable consumer does not don Sherlock Holmes garb to scrutinize an entire aisle filled with shelves of a various pancakes by comparing the exact weight of each box’s content with the price across a dozen brands or shaking and manipulating each box to detect the nature of the hidden culinary treasure.

Marketing 45

Marketing Marketing Advertising Advertising 45

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. Vimeo appeared first on Technology & Marketing Law Blog. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. I have a long-standing personal policy not to give my consumer dollars to any entity that I mock on the blog for IP overreaches. Case Citation : Edible IP, LLC v.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. Groupon appeared first on Technology & Marketing Law Blog. It has never offered its services through Groupon. BONUS: Melwani v. Amazon.com, Inc., March 7, 2022).

Trademark 110

Trademark Advertising Advertising Settlement 110

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). I raised this taxonomical issue with the Network Automation case , which involved niche-y job scheduler software where a consumer who is new to the niche might not know the various brands when starting a search. LoanStreet v. Reyes & Adler v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. McNeil appeared first on Technology & Marketing Law Blog. v. –Adler v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

OCTOBER 9, 2024

Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

LexBlog IP

FEBRUARY 1, 2023

The slew of amicus and other briefs had been filed, and it was time to “get crackin’ on” this blog post, as in time to get moving on the drafting. VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel.

Trademark 52

Trademark Intellectual Property Branding Branding 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

It has spent $100M on advertising. Brown Engstrand is a start-up rival law firm (operating under the brand “Accident Law Group”). The trademark owner sued the advertiser for trademark infringement and lost in the district court. Prior blog post on the district court ruling. Ad Labeling. LoanStreet v.

Trademark 105

Trademark Advertising Advertising False Advertising 105

SpicyIP

DECEMBER 30, 2023

The difficulty in balancing the delicately poised sides in this issue, together with the history of so few patent cases taking so long to go all the way through trial (thus making the interim injunction a de-facto ‘result’ instead of an interim measure) is an issue that has been discussed several times on the blog earlier (eg here and here ).

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. This is where trademarks truly reflect as a brand identity and shape a very rapid recognition. It has also brought a lot of challenges.

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Social Media Trademark Branding Branding 102

43(B)log

NOVEMBER 11, 2024

We sometimes talk about them as ‘BEG’ diets.” • “DCM is caused by boutique brands, exotic proteins, or grain-free or a combination thereof.” The big problem was commercial advertising or promotion. It applies to any foods that are generally un(der)tested or un(der)studied as long-term dog diets.

Journalism 52

Journalism Advertising Advertising False Advertising 52