43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false.

False Advertising 45

False Advertising Law Advertising Advertising 45

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JUNE 21, 2023

5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” As such, the ESG Report promotes Defendant’s products and its brand more generally.”

Law 72

Law Social Media Reporting Business 72

LexBlog IP

SEPTEMBER 2, 2022

The government plaintiffs allege that Roomster “immediately accepted and published a fake listing with a U.S. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties. Postal Office commercial facility address.”

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

AUGUST 18, 2022

The Pumas alleged that defendants violated the New Mexico Unfair Practices Act based on their purchase of a Black & Decker-branded coffeemaker. Based on Black & Decker’s reputation, the Pumas thought the coffeemaker would be better than the lower-priced store brand and paid more for it as a result. if they are of another.”

Trademark 64

Trademark Licensing Branding Brands 64

LexBlog IP

SEPTEMBER 14, 2022

Also last year, in discussing Environmental, Social, and Governance factors (ESG), then-Acting Chair of the U.S. ” That same environmental information—encompassing the “E” in trending ESG—is of value to consumers who seek out and, at times, pay a premium for “green” branded products. .”

Marketing 52

Marketing Marketing Advertising Advertising 52

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 58

Trademark Registering Trademarks Registration False Advertising 58

43(B)log

FEBRUARY 28, 2022

2019), held — based on dictionary definitions — that the word “diet” when used “in a soft drink’s brand name is understood as a relative claim about the calorie content of that soft drink compared to the same brand’s ‘regular’ (full-caloric) option” and not a promise of weight management. Dr Pepper/Seven Up, Inc., 3d 1225 (9th Cir.

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Marketing Marketing Law Branding 59

43(B)log

JULY 15, 2022

These references could “perpetuate the ‘perception that’ [Core’s] Freedom Racks were affiliated with the Max Rack brand,” given that the goods were the same, the parties were “potential” competitors, and the mark was identical. No matter the governing legal standard, Max Rack’s speculation of harm would not suffice to justify a damages award.

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

SEPTEMBER 17, 2021

The court agreed that, under governing law, a plaintiff is required to “identify particular customers and transactions of which it was deprived as a result of the libel.” Nextiva argued that RingCentral couldn’t prove causation and damages. Masjedi was the CMO who hired Labunski to work on search engine optimization.

Business 56

Business Marketing Marketing Registration 56

43(B)log

SEPTEMBER 10, 2021

Further: The reasonable consumer does not don Sherlock Holmes garb to scrutinize an entire aisle filled with shelves of a various pancakes by comparing the exact weight of each box’s content with the price across a dozen brands or shaking and manipulating each box to detect the nature of the hidden culinary treasure.

Marketing 45

Marketing Marketing Advertising Advertising 45

43(B)log

JULY 20, 2023

The parties focused on reliance, so the majority did as well, dismissing the dissent’s claim that reliance and causation are inherently intertwined as inconsistent with governing state law. See, e.g., Carriuolo v. 3d 977, 983, 986 (11th Cir.

Advertising 52

Advertising Advertising Law False Advertising 52

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 110

Trademark Advertising Advertising Settlement 110

43(B)log

OCTOBER 11, 2023

27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Tortilla Factory’s Kombucha Dog has approximately 1.25% alcohol by volume and is sold as an alcoholic beverage, with a government-required warning label.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

DECEMBER 1, 2022

Or we could have a vision of the First Amendment where government may grant exclusion rights to some speakers to improve the speech environment overall. The First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.” And the answer should be the same as well.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

OCTOBER 23, 2024

It has spent $100M on advertising. Brown Engstrand is a start-up rival law firm (operating under the brand “Accident Law Group”). ” (There are a lot of government agencies and consumer advocates who would vociferously complain that Google’s current “ad” label is too obscure). Ad Labeling. .”

Trademark 105

Trademark Advertising Advertising False Advertising 105

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. We don’t need to reform advertising law; we need to reform agency law. Lemley: similarly it’s been proposed that liability should follow the brand, e.g. for franchising.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

MARCH 14, 2025

An email announcement sent to a cultivated list of industry professionals, including wine vendors, chefs and restaurant owners stated, in relevant part: The Gordon Companies is thrilled to announce that we have partnered with White Elephant Resorts to present the newly branded Nantucket Food And Wine Experience.

False Advertising 52

False Advertising Ownership Branding Brands 52

43(B)log

JANUARY 23, 2025

The court thought that accepting the Citys interpretationwhere brand advertising that makes consumers feel good about a seller countswould render the made in connection requirement meaningless. It did hold that government enforcement actions werent covered by the anti-SLAPP law. offering for sale. of consumer goods or services.

Advertising 52

Advertising Advertising Branding Brands 52

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. This a Tom Sachs painting from his recent series of brand paintings. AJ Press LLC, F.Supp.3d

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 28, 2022

Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.

False Advertising 64

False Advertising Marketing Marketing Brands 64

LexBlog IP

MARCH 1, 2022

Unsurprisingly, these shifts largely follow political lines — Democrat-led state attorney general (AG) offices are no longer expending countless resources challenging Trump, while Republican-led AG offices have picked up the mantle of opposing the federal government. 4: Early Opioid Medication Litigation Rulings Favor Advertisers.

Privacy 52

Privacy Social Media Advertising Advertising 52

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.

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False Advertising Advertising Advertising Trademark 75