43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 44

False Advertising Contracts Business Advertising 44

43(B)log

SEPTEMBER 14, 2021

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas.

Advertising 57

Advertising Advertising False Advertising Contracts 57

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 48

False Advertising Contracts Branding Brands 48

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled. This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

43(B)log

SEPTEMBER 1, 2021

A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. Some courts have held that “where a UCL action is based on contracts not involving either the public in general or individual consumers who are parties to the contract, a corporate plaintiff may not rely on the UCL for the relief it seeks.”

Business 57

Business Advertising Advertising Contracts 57

43(B)log

MARCH 6, 2024

The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. But SouthState did have standing for a false advertising claim.

False Advertising 44

False Advertising Advertising Advertising Business 44

43(B)log

JUNE 26, 2023

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association.

Advertising 70

Advertising Advertising False Advertising Intellectual Property 70

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

FEBRUARY 4, 2022

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v.

False Advertising 82

False Advertising Advertising Advertising Designs 82

Indiana Intellectual Property Law

FEBRUARY 23, 2023

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. They develop and support integrated software systems for tire dealers and truck stop service centers.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

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). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., collectively.” .…

False Advertising 57

False Advertising Advertising Advertising Business 57

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” And a party’s failure to read a contract does not render it unenforceable.

Advertising 62

Advertising Advertising Settlement Contracts 62

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 57

Marketing Marketing False Advertising Contracts 57

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

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

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. The Year 2021 was Another Busy Year at the ITC. By comparison, 2020 was a busy year at the ITC with 57 new complaints and 10 complaints for ancillary proceedings.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. The Year 2021 was Another Busy Year at the ITC. By comparison, 2020 was a busy year at the ITC with 57 new complaints and 10 complaints for ancillary proceedings.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

43(B)log

SEPTEMBER 16, 2021

It “began a campaign to systematically contact and try to poach business from Homeowners under exclusive contract with [Plaintiff]. In many instances, [Defendant’s] representatives have made false or misleading statements about [Plaintiff] to these Homeowners.”

Advertising 57

Advertising Advertising False Advertising Marketing 57

43(B)log

DECEMBER 7, 2023

The complaint alleged causes of action for UCL fraudulent and unfair business practices; breach of contract; and “unjust enrichment.” National Ready Mix Co., 3d -, 2023 WL 7590798, No. B319260 (Ct. The court of appeals reversed a dismissal of the UCL claims, but affirmed on unjust enrichment.

Contracts 44

Contracts Business False Advertising Advertising 44

43(B)log

JULY 8, 2024

The Court found that although both Illinois Consumer Fraud Act and contract claims had the same underlying facts—which were clearly related to rates and services—the plaintiffs’ claim was preempted but the contract claim could proceed. Wolens, 513 U.S.

Advertising 62

Advertising Advertising Marketing Marketing 62

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

NOVEMBER 8, 2021

Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services. Unjust enrichment: Unlike some treatments of this type of claim, the opinion here dismissed unjust enrichment as duplicative of the breach of contract claim.

Contracts 62

Contracts Government Marketing Marketing 62

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

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

43(B)log

FEBRUARY 8, 2024

These free trials are critical to Sirius XM’s business model, which “relies on converting these millions of vehicle buyers from free trial users into paid subscribers of automatically renewing music plans.” The “duty to read” terms properly “called to [a consumer’s] attention” does not imply a “duty to ferret out contract provisions.

Music 57

Music Contracts Advertising Advertising 57

43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

Advertising 57

Advertising Advertising False Advertising Contracts 57

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D.

False Advertising 57

False Advertising Advertising Advertising Business 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. Shifting to this business model “dramatically increased its profits while reducing the share of the money raised that is passed on to charities.” 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. Other individual defendants were high-level employees with employment agreements covering trade secrets. Not every word on a label or ad is a mark.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. They then allegedly “hijacked” plaintiffs’ Facebook page—their main online platform—to promote Tito & Tita, a competing business.

Social Media 70

Social Media Advertising Advertising Business 70

43(B)log

NOVEMBER 5, 2021

3, 2021) SquareTrade sells service contracts for the protection of consumer goods. But “a party does not violate General Business Law § 349 by simply publishing truthful information and allowing consumers to make their own assumptions about the nature of the information.” SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D.

Contracts 57

Contracts Business Law Publishing 57

43(B)log

AUGUST 10, 2021

Shenzen also brought claims under Texas law for unfair competition, tortious interference with existing business relationships, fraud, and business disparagement. Mironova then allegedly filed intellectual property complaints against its storefront on Amazon.com fraudulently claiming infringement of her patent rights and copyrights.

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

SEPTEMBER 2, 2022

Life insurance contracts are not “tangible chattels.” The California Supreme Court previously held that the CLRA’s protections do not extend to the sale of life insurance.

Contracts 57

Contracts Business Law False Advertising 57