Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. Malwarebytes , the court held that such labels were subjective opinions, not verifiably false. The legacy of Justice Thomas’ blogging will live on long after the Enigma case is over.

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Blogging False Advertising Law Advertising 145

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

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Blogging Law Contracts Cease and Desist 131

43(B)log

OCTOBER 16, 2024

30, 2024) I don’t usually blog default judgments, but this one was interesting. Plaintiff was required to plead false advertising with specificity, then prove it.” This is a false advertising case, not a counterfeiting case. Usually, a false advertising injunction stops false statements about products.

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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.

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False Advertising Privacy Publishing Advertising 143

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? HDR appeared first on Technology & Marketing Law Blog. (But Facebook’s content wasn’t snarfed, and the mods may not care as much as other users).

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Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

DECEMBER 14, 2022

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. Kogan appeared first on Technology & Marketing Law Blog. Doing what, exactly? The opinion doesn’t say. ” Ha! The complaint.

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Social Media False Advertising Advertising Advertising 130

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

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Blogging False Advertising Litigation Marketing 105

Technology & Marketing Law Blog

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. Microsoft appeared first on Technology & Marketing Law Blog. In 2020, Medina got the disclosures from the 2014 case sealed. The trial court anti-SLAPPED that lawsuit. The appeals court affirms.

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False Advertising Publishing Advertising Advertising 105

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. Bleeping Computer , where the court found that self-laudatory blog posts were ads. The result is ugly.

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Law 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.”

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Marketing Marketing False Advertising Advertising 56

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

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

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False Advertising Government Privacy Design 98

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

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False Advertising Marketing Marketing Advertising 141

Intepat

APRIL 25, 2025

Nike claims that StockX has been leveraging the brands reputation to market and sell their unauthorised NFTs at inflated prices, misleading consumers into believing that the NFTs are official or authorised by Nike. Since filing the case, Nike has expanded the charges filed to include claims of counterfeiting and false advertising.

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IP Branding Brands Branding 52

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

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Intellectual Property Trademark Marketing Marketing 144

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. This follows Vogue’s controversial lawsuit asking a small English pub called “The Star Inn at Vogue” to change its name.

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Social Media False Advertising Copying Trademark 105

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. lululemon appeared first on Technology & Marketing Law Blog. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 111

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. Was this commercial advertising or promotion? It was also first to market.) You can find out more here: [link].

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Advertising Advertising False Advertising Marketing 80

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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IP and Legal Filings

SEPTEMBER 14, 2023

This blog intends to explore this fine line as well as means to navigate this issue at hand to properly protect and encourage environmentalism and prevent these business giants from misusing trademarks to foster consumer trust. The objective is to mislead the consumers knowing well the marketability of this concept.

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Branding Brands Branding Trademark 98

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

43(B)log

AUGUST 18, 2021

It alleged that defendants unlawfully conspired to restrain trade in violation of the Sherman Act and that NABP engaged in false advertising in violation of the Lanham Act. Lanham Act claims against NABP: “NABP’s website claims that sites on its Not Recommended List are unsafe and illegal, including Plaintiff’s website and blog.”

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False Advertising Blogging Marketing Marketing 56

Technology & Marketing Law Blog

JUNE 5, 2023

.” That wasn’t the case here: “Google did nothing to make the content of the advertisement itself more unlawful.” ” The court summarizes: “it is plain that Section 230 protects Google from liability in the negligence and false advertising action brought by Mr. Ynfante.”

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Advertising Advertising False Advertising Publishing 59

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. 2021) The parties compete in the micro-irrigation industry, which targets agricultural growers.

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False Advertising Advertising Advertising Blogging 45

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. Many IP owners are facing more competition from infringing imported products and are looking ways to maintain and grow their position in the market. In comparison to litigating in U.S.

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False Advertising IP Patent Infringement Intellectual Property 57

Technology & Marketing Law Blog

JUNE 12, 2022

A click fraud case against a competitor: Motogolf fails to state a false advertising claim under the Lanham Act. First, Motogolf does not plausibly allege that the defendants’ clicking activity constitutes commercial advertising. Motogolf.com, LLC v. Top Shelf Golf, LLC, 2022 WL 834790 (D. March 21, 2022).

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Trademark Advertising Advertising False Advertising 90

43(B)log

AUGUST 9, 2021

It brought Lanham Act and California FAL/UCL claims over defendants’ allegedly false advertising of their respective OTC lidocaine patches. Scilex isn’t required to show that the ads were the only reason for reduced sales, so arguments about the crowded market weren’t helpful at this stage. back and spinal pain). Matkari, 7 F.3d

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LexBlog IP

FEBRUARY 20, 2023

Well, the FTC thinks this is “review hijacking,” when a marketer “steals or repurposes reviews of another product.” ” An FTC blog described this case as “ Mutiny on the Bountiful.” Let’s be clear – this was not necessarily “plain old false advertising.”

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False Advertising Branding Brands Branding 52

43(B)log

JANUARY 25, 2022

24, 2022) Plaintiffs (Mito Red) sell red-light therapy products online, in competition with Platinum (which uses the Volkin defendants’ marketing services). Among other things, Mito Red alleged that blog posts/video such as “Mito Red Light Therapy Scam: What Are They Lying About?” Mito Red here is the follower” was puffery.

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Design Designs Privacy Blogging 59

43(B)log

SEPTEMBER 10, 2021

29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly labels and advertises its products as having “no preservatives” as well as being “free of artificial additives,” “non-GMO,” “healthy,” and “protein-packed.”

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Marketing Marketing Advertising Advertising 45

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

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False Advertising Advertising Advertising Trademark 129

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.].

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Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. 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

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Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. In my blog post on the prior opinion, I mentioned four possibilities: allege anti-competitive animus (rephrased in the amended opinion as “anti-competitive conduct”). Google, Inc. ,

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False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

FEBRUARY 16, 2022

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. 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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IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 111