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In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act falseadvertising claim survived. Comment: This is a proximate cause question.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and falseadvertising claims survived.
6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that falseadvertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc., 2022 WL 5245633, No.
Thus, some but not all breach of contract claims survived. References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.” So too for similar Pace claims.
Falseadvertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” Not every word on a label or ad is a mark. LStar didn’t plead its own trademark use. What about injury? “[H]ere
Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) falseadvertising and misrepresentation. The breach of contract claim survived. Falseadvertising: Only ok against Kitchen Cube.
12, 2023) Following a large verdict for Monster on falseadvertising claims, this opinion discusses extensively the requirements for injunctive relief in falseadvertising cases. But Defendants have brought on themselves these unfortunate consequences through their falseadvertising.”
Entrepreneur’s desire to bring forth a claim for falseadvertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a falseadvertising claim, based on facts that were allegedly discovered only during Roach’s deposition.
16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falselyadvertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”
“[G]iven both parties were competitors, it is reasonable to infer that an allegedly false statement based on allegedly faulty testing comparing Defendant’s product with ‘similar products,’ could damage competitors, like Plaintiff.” The court did express doubt about whether these claims would survive summary judgment.
11, 2021) Another timeshare versus timeshare exit falseadvertising case. Marketing Defendants allegedly falselyadvertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. First, the court rejected the argument that Rule 9(b) applied to the falseadvertising claims.
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.
It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. This also got rid of the breach of contract claim, which was based on the alleged trademark infringement and falseadvertising.
Perhaps the false pretenses could give rise to claims not alleged in this case? Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Is it falseadvertising for Facebook to describe the groups as “private”? Does that create a claim for falseadvertising?
FalseAdvertising. In general, courts should not permit a falseadvertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008. Implications.
The lawyer defendants allegedly interfered with the timeshare contracts by (1) participating in the marketing defendants’ false and misleading advertising; (2) encouraging or directing the nonpayment of fees owed to Diamond; and (3) keeping the owners in the dark regarding the adverse financial consequences resulting from the nonpayment of fees.
Safelite allegedly falselyadvertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?
Roblox sued for copyright infringement, falseadvertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and falseadvertising and unfair competition under California law.
Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.
On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, falseadvertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).
Courts have rejected Section 230 defenses against claims for falseadvertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. eBay, Inc. ,
and its leaders of violating several laws related to fraud, conspiracy, contract violations and falseadvertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court. Elon Musk on Monday accused OpenAI Inc.
CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived.
Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.
Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.
25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.”
The falseadvertising 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.
20, 2021) In this timeshare exit falseadvertising 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.
Falseadvertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”
Several entities, including Red Oak Sourcing, a pharmaceutical buying agent that negotiates contracts for the purchase of generic drug products on behalf of Cardinal and CVS, and AmerisourceBergen, subsequently terminated contracts or contractual negotiations with Defendants.” This was the basis of the counterclaims.
Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and falseadvertising.
Plaintiffs sued for breach of contract under Tennessee common law and falseadvertising in violation of the Lanham Act. (OK, OK, I’m not a big false endorsement fan, but … isn’t this false endorsement? Plaintiffs terminated an agreement to insure Securranty Inc.’s Insert your own insurance-related pun.)
Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” Washington state unjust enrichment claims were dismissed, however, because that state only recognizes the tort where there’s no contract, and there was one here.
30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some falseadvertising-relevant rulings. As for her surveysone of home users and one of out-of-home users like office usersthe court also allowed them. Butlers modification of the control group.
Monster alleged that VPX falselyadvertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. means, because none of the allegedly false statements actually said “source of creatine.”
Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default. In a particularly “yikes” bit, one marketing defendant 1990.
Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falselyadvertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."
A Florida federal judge has largely handed a win to an attorney sued by Wyndham Vacation for his part in a purported "timeshare exit" scheme, tossing the company's claims that the lawyer engaged in falseadvertising while persuading owners to illegally default on their contracts.
stole contracted shelf space and trade secrets from its rival Monster Energy Co. while falsely touting its Bang energy drink's "super creatine" ingredient that is not actually creatine, a Monster attorney told a California federal jury Friday during opening statements in its falseadvertising suit against Vital.
Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, falseadvertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.
for trademark infringement, falseadvertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.
This is a falseadvertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros.
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 falseadvertising and false association.
The claim is for trade mark infringement, unfair competition, falseadvertising, cybersquatting, and other cause of actions before the Central District of California. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file.
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