43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. Butler found that there was no statistically significant difference in cells’ self-reported likelihood of purchasing shoes on StockX, suggesting lack of materiality. Nike’s criticisms warranted cross-examination, not exclusion.

False Advertising 69

False Advertising Branding Branding Brands 69

43(B)log

DECEMBER 20, 2023

Codefendant Lienau allegedly assists clients with removing fraudulent products from Amazon’s website, and reported CDC to Amazon for selling counterfeits. It alleged that Lienau filed the reports for anticompetitive reasons after defendants suspected or confirmed the products were genuine.

False Advertising 64

False Advertising Advertising Advertising Trademark 64

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. The Lanham Act false advertising counterclaim was dismissed. Alcon Vision, LLC v. Lens.com, Inc., 2022 WL 1665453, No. 1:18-cv-00407-NG-RLM (E.D.N.Y. This is hard to show.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

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.,

False Advertising 45

False Advertising Advertising Advertising Litigation 45

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.” The court found that the commercial speech exception applied to the ESG report.

Law 72

Law Social Media Reporting Business 72

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. For more on this, see my expert report in the Larsen v. 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.

Advertising 111

Advertising Advertising Settlement Trademark 111

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. Based on this label, do you believe that MiTek’s ADTT-TZ product has the same attributes, such as load capacity, number of required fasteners, and existence of code reports, as the DTT1Z product?

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. Without the expert evidence, summary judgment for KIND was appropriate.

False Advertising 64

False Advertising Brands Branding Branding 64

43(B)log

MARCH 13, 2023

The revised perception survey involved presenting to respondents an un-branded ice cream product that displayed only the Vanilla Representations on the front label of the product. of respondents reported that they believed that “all of the vanilla flavor” comes from the vanilla plant; 16.6% were not sure.

False Advertising 56

False Advertising Branding Brands Branding 56

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

AUGUST 27, 2024

The control group was shown a “workup” of what a “Plaid branding only” user interface would look like. He explained the internal testing in his expert report, with detailed descriptions, and he applied scientific principles to the data, including in his visualizations. There were limited interactive elements on the screens.

Branding 52

Branding Branding Brands False Advertising 52

43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

Advertising 52

Advertising Advertising False Advertising Designs 52

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. And their expert report was not good.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). In addition, “judges are not experts in the cybersecurity field.… In addition, “judges are not experts in the cybersecurity field.…

False Advertising 59

False Advertising Advertising Advertising Business 59

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. reported some health-related benefit, with 33.9% Sambucol can be taken every day for continuous immune support.” times more likely to perceive the surveyed health benefits (51.9% Only 71.2%

Branding 59

Branding Brands Branding Advertising 59

43(B)log

MAY 22, 2023

Compared to the ‘rigorous’ approval process for prescription-drug labels, the TTB process ‘hinges on self reporting’ and reflects only the representations made to it by the distributor, not an endorsement of those claims.” The court also found fraud adequately pled, including for the statutory claims.

Licensing 59

Licensing Law Branding Brands 59

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. The court rejected Axon’s argument that LHB could have identified its products by calling them CEWs; they were Taser brand products. I might’ve gone the other way on this.]

False Advertising 52

False Advertising Advertising Advertising Social Media 52

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter.

Social Media 52

Social Media Reporting Contracts False Advertising 52

SpicyIP

OCTOBER 27, 2023

Trademark infringement through misleading use of logos or branding: Dark patterns might involve the deceptive use of logos, brand names, or trademarks to mislead users into making purchases or signing up for services they didn’t intend to. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

Technology & Marketing Law Blog

OCTOBER 9, 2024

Typically, a consumer survey would be introduced through an expert report, well after filing the complaint. 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 LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JANUARY 20, 2025

DIY Premium allows reporting of investment or rental income. 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. Were in a world where thats enough, I guess.)

False Advertising 52

False Advertising Advertising Advertising Branding 52

IP and Legal Filings

DECEMBER 20, 2024

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.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

NOVEMBER 11, 2024

Since 2014, 80% of cases reported to the FDA (triggering the investigation) came from two vets affiliated with Hill’s. Allegedly because of the biased reporting, in 2018 the FDA issued a warning about repots of DCM in dogs “eating certain pet foods containing peas, lentils, other legume seeds, or potatoes as main ingredients.”

Journalism 52

Journalism Advertising Advertising False Advertising 52

43(B)log

FEBRUARY 25, 2023

People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. Heymann: but actually ask them to perform the selection task, not just report on what they think they’d do. Heymann: efficiency/cost trades off with accuracy in surveys. especially with “why do you say that?”

Trademark 72

Trademark Marketing Marketing Advertising 72

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

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. This a Tom Sachs painting from his recent series of brand paintings. American Girl Brands, LLC, 2021 WL 510729, No.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. California has also launched an online tool for consumers to efficiently report potential violations. Takeaway No.

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.

False Advertising 75

False Advertising Advertising Advertising Trademark 75