43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 48

False Advertising Contracts Branding Brands 48

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. come from Italian ingredients, [are] processed and manufactured in Italian factories, and then exported.”

Branding 57

Branding Brands Branding False Advertising 57

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. And literally false statements presumptively cause competitors harm.”

False Advertising 57

False Advertising Advertising Advertising Designs 57

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. T]he one showed in the application is not mine.”

False Advertising 57

False Advertising Advertising Advertising Registration 57

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider.

False Advertising 88

False Advertising Social Media Publishing Advertising 88

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Purlife Brands, Inc.,

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

JUNE 10, 2024

5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.”

Designs 57

Designs Design Branding Brands 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

MARCH 27, 2023

9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. This method has been proven safe and will not harm your pet.

False Advertising 57

False Advertising Advertising Advertising Branding 57

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. Apple appeared first on Technology & Marketing Law Blog. ” Section 230. eBay case from 2008. ” Limitation of Liability. Apple, Inc.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

FEBRUARY 22, 2024

San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation. San Marzano tomatoes grown in the United States do not have the D.O.P.

Designs 67

Designs Design Branding Brands 67

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. For modern designers, this may be both a blessing and a curse. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. 1994), “before considering consumer survey evidence, a district court must, first, determine whether the designation of geographic origin is ‘geographically descriptive.’ The Lanham Act false advertising counterclaim was dismissed.

False Advertising 70

False Advertising Trademark Advertising Advertising 70

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” False advertising: Only ok against Kitchen Cube. 8-23-cv-01698-MEMF-ADS (C.D.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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. Internet Brands. In Asurvio v. Bleeping Computer. Blog post on that ruling.

Blogging 120

Blogging False Advertising Law Advertising 120

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Evolving norms of communication and branding both have no punctuation/capitalization: lululemon. It’s market definition. Death closes things off. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” What are “marketing rights”??? More Posts About Keyword Advertising. McNeil appeared first on Technology & Marketing Law Blog. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP and Legal Filings

APRIL 28, 2022

Tiffany is world renowned jewellery brand famous for selling diamond engagement rings since 19 th century. The design of its engagement rings is famously called the “Tiffany settings” which is a style of six-prong diamond setting. Corp. , 287 F.2d 2d 492 (2d Cir. Thus, it cannot be held that the defendant acted in bad faith.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

43(B)log

AUGUST 24, 2021

26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Walgreen Co. 2021 WL 764121, No. 5:20-cv-04805-EJD (N.D. Infant products used to contain 80 mg of acetamiophen per mL, whereas children’s product contained 160 mg per 5 mL.

Designs 67

Designs Design Branding Brands 67

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. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising.

Trademark 81

Trademark Advertising Advertising Settlement 81

43(B)log

AUGUST 17, 2021

sparkling margarita" "sparkling classic cocktails" (mojito, cosmo) "Spritz": sangria, rosé The plaintiffs also alleged that the misleadingness was enhanced by the market context. Defendant argued that consumers would understand these merely as “flavor designators.” (I have to admit, as a cocktail fan, I’m offended.)

Marketing 78

Marketing Marketing Branding Brands 78

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. Human desire for TMs? The judge isn’t hearing that they’re not counterfeiters.

Fair Use 44

Fair Use Branding Brands Branding 44

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 57

Trademark Fair Use Registration False Advertising 57

43(B)log

APRIL 5, 2024

No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. Second, the products were labeled and marketed in a way that claims that they mitigate or prevent disease. Sambucol can be taken every day for continuous immune support.” net deception).

Branding 57

Branding Brands Branding Advertising 57

43(B)log

MAY 22, 2023

May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles of Fireball malt beverages, which look almost the same as Fireball Whisky. oz, shot-size bottle “common for hard liquor.”

Licensing 57

Licensing Law Branding Brands 57

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 57

False Advertising Advertising Advertising Reporting 57

43(B)log

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. GMI is a food company which produces and sells cultivated, lab-grown meat from extracted animal cells.

False Advertising 62

False Advertising Advertising Advertising Marketing 62

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business.

False Advertising 44

False Advertising Advertising Advertising Marketing 44

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. Each product name has a “part name” (a letter or combination of letters designating the product line) and a “model number” (additional numbers and letters that distinguish parts with different attributes).

False Advertising 57

False Advertising Advertising Advertising Reporting 57

LexBlog IP

FEBRUARY 20, 2023

Well, the FTC thinks this is “review hijacking,” when a marketer “steals or repurposes reviews of another product.” Here we are talking about gummy supplements designed for stress relief and peace of mind or zinc tablets with zinc gummies being positioned together. And giving brands a chance to react?

False Advertising 52

False Advertising Branding Brands Branding 52