This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to falseadvertising claims and other claims that are based on purportedly false representations.” This argument has failed so many times. See, e.g., the cited Ynfante v. Google opinion. ” Cites to Perfect 10 v.
His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. Melwani alleged that Amazon’s Brand Registry has not offered proactive brand protection and that it has been “almost impossible” to remove any listing through Amazon’s Brand Registry.
8, 2023) When does TM logic creep into falseadvertising cases? Tundra solicits sellers on Faire’s platform to provide their Faire Direct links to retailers registered with Tundra by “promising to promote their brands to new retailers and give them greater exposure” to Tundra retailers. Faire Wholesale, Inc. Tundra, Inc.,
It didn’t get a chance to decide the falseadvertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which falseadvertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.
In December 2020, Deetsch notified Amazon of his patents through the Brand Registry portal and asked Amazon to remove the Lei defendants’ products. He sent two letters by mail in March 2022, but was told he needed to use the Brand Registry … which he had already done. Motion to dismiss granted. State law claims would have been better.)
A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products. The court granted an injunction focusing on the Alcoy claims, which were false.
Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a falseadvertising claim. 4604 (KPF) (S.D.N.Y.
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 falseadvertising difficult.
Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) falseadvertising and misrepresentation. Falseadvertising: Only ok against Kitchen Cube.
The First Amendment has long coexisted with no-fault falseadvertising laws. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? There was also no copyright preemption.
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act falseadvertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. 1, 2017 to Apr.
Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and falseadvertising claims survived.
Steckel concluded that Blocks conduct, which resulted in the perception of an equal or superior product at a lower price, could cause negative feelings regarding the pricing of TurboTax products and harm the TurboTax brand. consumers to switch to Block because those consumers would have understood that. consumers to switch to Block.
I won’t say much about that, though I do have a big question, but there are also falseadvertising aspects of the case. Falseadvertising: the jury found for Select Comfort on seven falseadvertising claims and for defendants on the remaining eight, awarding about $160,000 in disgorgement and nothing on lost profits.
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler
Vampire Family Brands, LLC v. MPL Brands, Inc., Unsurprisingly, the trademark claims survive a motion to dismiss, but associated falseadvertising claims don’t. Falseadvertising: Article III standing existed, but not Lanham Act standing. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D.
Chapter 2: What is an Advertisement? Chapter 3: FalseAdvertising Overview. Chapter 9: FalseAdvertising Practice and Remedies. Chapter 12: Brand Protection and Usage. Chapter 17: The Advertising Industry Ecosystem–Intermediaries and Their Regulation. Chapter 4: Deception. Chapter 11: Copyrights.
Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”
He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. ” (Spoiler: he doesn’t get $1B). ” Cites to Tiffany v.
Shingle Savers counterclaimed, alleging, among other things, falseadvertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act falseadvertising claims, which don’t require fraud.
4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,
Fiskars Finland OY AB and Fiskars Brands Inc. and its affiliated parties (“Woodland”), asserting design patent infringement, falseadvertising, trade secret. collectively, “Fiskars”) sued Woodland Tools Inc. By: Irwin IP LLP
Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” 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.
TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and falseadvertising relating to five of TaylorMade’s patents related to golf irons.
FalseAdvertising. In general, courts should not permit a falseadvertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation. eBay case from 2008.
On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged falseadvertising. Rather, they would have chosen cheaper alternatives.
24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act falseadvertising, Massachusetts and California statutory unfair competition and Massachusetts falseadvertising based on alleged copying of West Elm products. Wayfair moved to dismiss the falseadvertising and unfair competition claims.
On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged falseadvertising.
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.
. (“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 secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.
Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falselyadvertised?
26, 2022) [much other stuff skipped] The parties had a falseadvertising dispute that went to a jury, which found that FIGS wasn’t liable for falselyadvertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to falseadvertising. 2022 WL 18399950, No.
A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falselyadvertise its products as less effective, according to a suit filed in Washington federal court.
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.
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.
11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with falseadvertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.
Falseadvertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”
28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, falseadvertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and falseadvertising. Proximity of the products: A factfinder would have to decide the relevance of new v.
16, 2024) Plaintiffs alleged that Bayer falselyadvertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” That was a well-established method for measuring classwide damages in falseadvertising product label cases. 22-cv-1085-MMA (JLB) (C.D.
At the core, plaintiff alleged that defendant MGDH’s use of phrasing and imagery suggesting that Meadow Gold brand products are sourced in Hawai’i was misleading and deceptive because Meadow Gold products contain milk and other products, such as whipping cream, imported from the continental United States. Hawai’I Jun. the origin.
3, 2023) Potentially interesting pretrial rulings in this falseadvertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to preclude him from opining on the ultimate question of likely confusion or balancing the trademark infringement factors, which was for the jury. GOLO, LLC v. 20-667-RGA (D.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and falseadvertising 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 falseadvertising claims with prejudice.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content