43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. The slide deck had disclaimer language that the information on the slides was not complete, and that the slides contained forward-looking statements.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

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. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JUNE 10, 2022

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 false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising?

Privacy 136

Privacy False Advertising Contracts Advertising 136

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

And plaintiffs’ allegations do not establish that Apple created the Toast Plus app; rather, it was created by another information content provider and thus meets the third prong of the Barnes test. False Advertising. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

43(B)log

SEPTEMBER 26, 2022

The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.” CUTPA: Covers both deceptiveness and unfairness.

Government 59

Government Law Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 138

Trademark False Advertising Advertising Advertising 138

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 59

Advertising Advertising False Advertising Public Use 59

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 59

Advertising Advertising False Advertising Contracts 59

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The parties compete in the market for probiotics. To the extent HPP is marketed as a medical food and deemed a medical food, it is required to be consumed under the supervision of a physician.” .…

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) to pick up and deliver packages.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 16, 2022

“After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

SEPTEMBER 20, 2021

9, 2021) Plaintiffs, a healthcare management company and its individual owner alleged that a group of medical providers at RMCHCS secured their ouster as management company/Chief Executive Officer of RMCHCS through a campaign of false and misleading information. Is this an organized campaign to penetrate the relevant market?

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., 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.

Advertising 59

Advertising Advertising False Advertising Business 59

43(B)log

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” Important Information Enclosed for Windstream Customers." Text: Windstream Customers, Don’t Risk Losing Your Internet and TV Services.

False Advertising 119

False Advertising Advertising Advertising Law 119

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 112

IP Copyright Trademark Intellectual Property 112

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? MLMs vary on type of guidance they give sellers about legal restrictions on marketing claims.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

AUGUST 3, 2023

Not transparent/information asymmetry for consumers. This rule facilitates information asymmetry that can harm consumers by adding information costs. TM law should facilitate disclosure or it will fall behind market. 57% say sellers could be liable for false etc. Practices are undertheorized and underregulated.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. 18, 2021), held functional the defendant’s informational use of colored mixing tips for dental equipment to show which mixing tip should be used with which materials.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. What did FB do wrong when sharing information with third parties when it told people it was going to do that? Q: As a marketing professor, the word I say every day is Google. A: it is a dynamic market!

Law 119

Law Branding Brands Branding 119