Technology & Marketing Law Blog

JUNE 23, 2024

After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Today I’m blogging the district court decision after that remand. That putatively means that the court would characterize all threat identifications as “advertising.”

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Law False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Snap appeared first on Technology & Marketing Law Blog. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies.

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False Advertising Social Media Publishing Advertising 105

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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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.

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43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others.

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False Advertising Advertising Advertising Designs 72

IPilogue

JUNE 21, 2022

sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. In addition to the previous causes of action, Nike has asked the court to add counterfeiting and false advertising claims against StockX. On February 3 rd 2022 Nike Inc.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. However, Elysium didn’t show that all the pages of the blog had a Tru Niagen banner, only the homepage. [I

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Advertising Advertising False Advertising Marketing 80

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

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43(B)log

JULY 25, 2024

In fall 2023, Overjet launched its “Anatomical Structures Visualization Tool” for Overjet Caries Assist, which introduced the relevant coloring scheme and design. It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” Overjet, Inc.

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Copyright False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 5, 2023

” I agree 100%, and this line seems relevant to the court challenges to the age-appropriate design codes as applied to UGC publishers (and many other pending attempts to work around Section 230). ” That wasn’t the case here: “Google did nothing to make the content of the advertisement itself more unlawful.”

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. Facebook appeared first on Technology & Marketing Law Blog. In 2007, the Ninth Circuit in Perfect 10 v.

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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.”

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Marketing Marketing False Advertising Advertising 56

43(B)log

JANUARY 25, 2022

Platinum allegedly hired the Volkin defendants to “engage in a strategic defamation campaign online designed to ruin Plaintiffs’ professional reputation and to divert Plaintiffs’ customers away from their products and to Platinum’s competitive products.” The statement that “Leaders come first and then all the followers.

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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.

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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.”

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Law False Advertising Advertising Advertising 40

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. ” Following mid-2000s cases like Lamparello and Lucas Nursery , we rarely see such unforgiving anti-griper opinions that twist the Lanham Act to cover circumstances it was never designed to cover. Reyes & Adler v.

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Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. A new frontier for a trade war.].

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Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. YouTube appeared first on Technology & Marketing Law Blog. Case citation : Freethinker v.

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Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Groupon appeared first on Technology & Marketing Law Blog. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Amazon ruling.

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Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” 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.

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Advertising Advertising Trademark Settlement 105

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. Did the effort at architectural minimalism “[k]eep the design simple, [and] remove the gratuitous or unwanted details” ? ” Id. In VIP Products v.

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Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

The trademark owner sued the advertiser for trademark infringement and lost in the district court. Prior blog post on the district court ruling. These states have created a mutant species of IP law disconnected from both trademark law or false advertising law; and this mutant IP comes from an unelected group, not a legislature.

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SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations. Luxy appeared first on Technology & Marketing Law Blog. The search results here do not have those same disclaimers.

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Advertising Advertising Trademark Settlement 126

Technology & Marketing Law Blog

FEBRUARY 20, 2025

This post is all about you…readers of the blog! My blog post usually aren’t meant to be accessible to beginners. As a result, since nearly the blog’s beginning, I’ve done little to cater to beginners. I’m very grateful for your blog!” I always learn something new.”

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43(B)log

JANUARY 10, 2025

The challenged claims were made in a trade magazine for the petroleum industry; on a blog post on Graces website; and, sometimes with greater elaboration, in direct outreach to certain customers. Grace cited Ony, Inc. Cornerstone Therapeutics, Inc. , 3d 490 (2d Cir. But GWAs own claim for patent infringement complicates the matter.

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IP and Legal Filings

DECEMBER 20, 2024

The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. This can place a brand at risk or give rise to claims of false advertising against it.

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Social Media Trademark Branding Brands 102

Technology & Marketing Law Blog

MARCH 21, 2025

Amazons sale of a product, without more, does not warrant treating Amazon as the maker of the statements contained within that products commercial advertising.” I’m not sure all of the “negligent design” opinions actually respect that legal standard. UPDATE: Prof.

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Technology & Marketing Law Blog

DECEMBER 6, 2024

The Trump administration and its appointees have promised a wide range of new speech-busting censorship regulations that are designed to reduce government accountability and subtract power from American citizens. 6, 2024) Some Related Posts on Efforts to Ban TikTok * Court Revives Indiana AGs False Advertising Case Against TikTokState v.

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Social Media Government Ownership Law 64