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). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

JULY 6, 2022

Medline used to distribute certain BD products, with provisions intended to protect BD from “potential usurpation of BD’s business,” including requirements that Medline not substitute competitive products as an alternative to BD products. The parties are involved in related patent litigation.

False Advertising 57

False Advertising Designs Design Advertising 57

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D.

False Advertising 70

False Advertising Ownership Registration Designs 70

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 118

Blogging Law Contracts Cease and Desist 118

43(B)log

SEPTEMBER 16, 2021

Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act.

Advertising 57

Advertising Advertising False Advertising Marketing 57

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. UCL: The UCL, California Business and Professions Code § 17200 et seq.,

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 57

Advertising Advertising False Advertising Public Use 57

43(B)log

MAY 3, 2023

The breach of warranty claims were properly dismissed because MacNaughton failed to allege proper notice and privity of contract. Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.” Unjust enrichment was also sufficiently pled.

Law 52

Law False Advertising Advertising Advertising 52

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

False Advertising 57

False Advertising Advertising Advertising Designs 57

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim. What about injury? “[H]ere

False Advertising 57

False Advertising Advertising Advertising Contracts 57

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Normally trademark owners aren’t third-party beneficiaries of that contract. A new frontier for a trade war.].

Trademark 138

Trademark False Advertising Advertising Advertising 138

IIPRD

AUGUST 4, 2022

Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. For modern designers, this may be both a blessing and a curse. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 48

False Advertising Advertising Advertising Contracts 48

43(B)log

AUGUST 9, 2021

for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. There was clear knowledge of the automatic stay, given that “Charter premised the campaign on false assertions regarding the Debtors’ bankruptcy cases.” Interstate Protective Services, Inc. (In In re Alert Hldgs.,

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Moseley on remand: use on a sex-related business is presumed to tarnish. (2) Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. MLMs are exploitative business model—95-99% make no money, and the products are often junky. Interested in sellers’ understanding of the contracts.

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). 57% say sellers could be liable for false etc.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. It’s ok for businesses to do most profitable things.

Law 117

Law Branding Brands Branding 117