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 45

False Advertising Ownership Advertising Advertising 45

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 144

Trademark False Advertising Advertising Advertising 144

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 56

Advertising Advertising False Advertising Intellectual Property 56

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 64

Advertising Advertising Settlement Contracts 64

43(B)log

JANUARY 3, 2023

Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative). Even if dictionary definitions of “fish oil” could be read to encompass the product, that wasn’t relevant at the motion to dismiss stage.

Contracts 108

Contracts Marketing Marketing Law 108

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’s allegations, including definitions of “threat” from statutes and other authorities, still had a subjective component.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JULY 20, 2022

Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, false advertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion.

False Advertising 72

False Advertising Ownership Registration Designs 72

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 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 20, 2022

Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines. The earlier definition used in the case was heavily dependent on now-abandoned “Non GMO” claims. Without the GMO context, the court found that there was no objective definition of “all natural.”

Litigation 59

Litigation Contracts False Advertising Reporting 59

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 59

Contracts Business Law False Advertising 59

43(B)log

SEPTEMBER 26, 2022

The court thought that this wasn’t material, but conflated false advertising and false association (which was plausibly alleged). Zillow arguably presents itself as a resource to consumers when in fact, it is an advertising platform for agents, but that’s true of almost all websites.

Government 45

Government Law Advertising Advertising 45

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. RINGO ringers were always a possibility, but the allegations here suggest that Omaze deliberately controls—and in the process falsely advertises—the ending dates in order to make sure it covers its costs.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP and Legal Filings

DECEMBER 20, 2024

The Trademark’s Function Under Branding The most basic of all definitions of a trademark may be termed as a sign of identification and is generally by a word, spelling, logo, slogan, or design, which can use an identifying and differentiating goods or services from one person or entity as opposed to another.

Social Media 52

Social Media Trademark Branding Brands 52

43(B)log

SEPTEMBER 11, 2023

Breach of contract: Burger King argued that its ads weren’t binding offers. Although it’s not reasonable to believe that an ad promised that inventory would always be available, the menu boards, “by definition, are only subject to acceptance by the handful (or so) of customers who are actually in the store looking to purchase a sandwich.”

Advertising 45

Advertising Advertising Contracts Law 45

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. These communications were more than “purely negotiation of individual contracts, but rather encompass a variety of media through which Brookfield represented information about HPP.” ExeGi Pharma, LLC v. 3d -, 2023 WL 3142311, No.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

FEBRUARY 21, 2022

cannister contains only 865 grams of ground coffee, meaning that if a consumer followed the instructions on the back of the cannister, she could make only 70% of the number of cups advertised on the Label. Plaintiffs sued for false advertising; the cases have been consolidated here. But the 30.5 So those claims were dismissed.

Advertising 59

Advertising Advertising False Advertising Business 59

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

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. Whatever the legal niceties, whether “nonprofit” advertising meant something other than the legal definition to students and was deceptive needed factual development. Additionally, FTCA liability turns on misleadingness to a reasonable consumer.

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. 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 3, 2023

They don’t use it often but they definitely have it, and more courts are following the Belmora approach of saying 43(a) gives them that authority.] (3) Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? I don’t think that’s true either.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis.

Law 91

Law Branding Brands Branding 91

Technology & Marketing Law Blog

OCTOBER 14, 2024

.” The appeals court disagrees: “the plain and ordinary definition of the word ‘sale,’ which is not otherwise defined in the DCSA, includes any consideration to effectuate the transfer of property, not only an exchange for money. TikTok appeared first on Technology & Marketing Law Blog.

False Advertising 105

False Advertising Advertising Advertising Contracts 105