43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 57

False Advertising Advertising Advertising Marketing 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

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

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. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

And plaintiffs’ allegations do not establish that Apple created the Toast Plus app; rather, it was created by another information content provider and thus meets the third prong of the Barnes test. False Advertising. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008. Apple, Inc.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

43(B)log

FEBRUARY 18, 2022

Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. Where does informational functionality fit into source identification reasoning?

Trademark 57

Trademark False Advertising Fair Use Branding 57

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. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? The informal battles total at least three times three. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Trademark 80

Trademark Advertising Advertising False Advertising 80

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.” And although Green Guides serve as guidance rather than regulations, they inform actions brought under the FTC Act and state consumer protection laws.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon’s “promotional and safety literature … also contain statements which inform consumers that all Alcon products are safe and meet all criteria for sale in the United States.” Alcon Vision, LLC v. Lens.com, Inc.,

False Advertising 70

False Advertising Trademark Advertising Advertising 70

43(B)log

FEBRUARY 24, 2024

TMs are a proxy for all sorts of info and goodwill, but there are other things that are proxies for that and have always been—selling in a certain marketplace or mall gives information; being the first listing in the Yellow Pages (might be the first nonsense marks!). Amazon is used for more product search than Google. Human desire for TMs?

Fair Use 44

Fair Use Branding Brands Branding 44

43(B)log

JUNE 20, 2023

I teach that false advertising is probabilistic: if a representation is likely to deceive a substantial number of reasonable consumers, it is deceptive, even if not everyone is misled—but that conclusion is most reliable for competitor-plaintiffs, as this case shows.

False Advertising 57

False Advertising Marketing Marketing Advertising 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. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Property law: somewhere between all and nothing. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 16, 2023

Whole Foods Market Group, Inc., 3, 2023) Foster alleged that the front label of WFM’s branded Fish Oil softgel product was false and deceptive because it suggests to a reasonable consumer that the Product contains 1000mg of two types of Omega-3s—EPA and DHA—per capsule, when in fact it contains only 300mg of Omega-3s per capsule.

Branding 70

Branding Brands Branding Marketing 70

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. The front label (and the highlighted “drug facts” information on the back) showed that they had the same composition. Walgreen Co. 2021 WL 764121, No.

Designs 67

Designs Design Branding Brands 67

43(B)log

JUNE 27, 2024

Also, whether “handcrafted” may be deceptive in a particular case depends, at least in part, on the size of the brand holding its products out as “handcrafted,” and plaintiffs sufficiently alleged that Blue Ice was not a mass seller, so reasonable consumers could believe it “handcrafted” its vodka.

Advertising 62

Advertising Advertising Social Media Law 62

SpicyIP

MARCH 10, 2024

The Plaintiff presented evidence of its long-standing use and registration of the ‘NOVA’ trademark, along with the distinct packaging featuring a blue background, a grazing cow, and the brand name. During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Health-Ade LLC, F.Supp.3d 3d -, 2022 WL 562827, No.

Marketing 57

Marketing Marketing Law Branding 57

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.”

Marketing 44

Marketing Marketing Advertising Advertising 44

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. A new trial is required for UDAP deception, but not for whether the acts were unfair.

Law 44

Law Advertising Advertising Journalism 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.” If you just saw it, would you think that’s their brand?

Trademark 57

Trademark Fair Use Registration False 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

SEPTEMBER 17, 2021

Nextiva’s independent contractor, Baruch Labunski, “fabricated fictitious online personas of RingCentral personnel, registered domain names using fake contact information, and created fraudulent websites associated with those domains for the purpose of redirecting users away from RingCentral, and toward unrelated business websites.”

Business 54

Business Marketing Marketing Branding 54

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. Questions: In each survey, respondents first got information about the stimulus, e.g.: “MiTek sells a structural connector called the ADTT-TZ. Simpson Strong-Tie Co. 2023 WL 137478, No. 20-cv-06957-VKD (N.D.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

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

JUNE 27, 2023

or “A Taste of Mexico!”; (b) a Mexican flag on the front and center of the packaging; and (c) the brand name “La Banderita” (or “the flag”), a reference to the Mexican flag displayed prominently on the Products. All the accused products allegedly use: (a) the phrase “El Sabor de Mexico!” Trader Joe’s Co., 4th 874 (9th Cir.

Marketing 99

Marketing Marketing Advertising Advertising 99

43(B)log

JANUARY 13, 2023

Ancient Brands, LLC, 2023 WL 157956, No. 11, 2023) The parties compete in the market for collagen peptides supplements. Vital Proteins LLC v. 22 C 02265 (N.D. Vital alleged that consumers are likely to be misled into thinking a serving contains ten grams of collagen only. This sufficed to plead falsity at this stage.

Advertising 101

Advertising Advertising Marketing Marketing 101

43(B)log

AUGUST 16, 2021

2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually consists of only between 57.3% Trader Joe’s Co., 4th 874 (9 th Cir.

Branding 57

Branding Brands Branding Advertising 57

SpicyIP

APRIL 17, 2023

Of the new list of defendants who are sought to be impleaded, it was informed that channels of the defendant no. Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted. Rochem Separation Systems (India) Pvt.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

How to survey arbitrariness/TM function: Washingmachine.com in booking.com—maybe along with not sure we also need the option “neither a common name nor a brand name.” There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand.

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? MLMs vary on type of guidance they give sellers about legal restrictions on marketing claims.

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

FEBRUARY 3, 2024

Dickson’s suggestions for “medical services in the nature of providing abortions,” “consultation services in the field of sexual health and wellness,” and “providing health information related to contraception” were all refused as already covered by broader categories. It’s now hard to sort through the market to get a good one.

Designs 57

Designs Design Law Design Patent 57