43(B)log

JANUARY 22, 2025

InSinkErator also provided market research to show that consumers ranked horsepower as one of the top purchasing considerations for garbage disposals, as well as retailer perspective indicating that horsepower was a key differentiating factorLowes and Home Depot organize and advertise them by horsepower.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising 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.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

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 144

Privacy False Advertising Contracts Advertising 144

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

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 98

Contracts Design Designs Publishing 98

43(B)log

SEPTEMBER 30, 2021

Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. Diamond Resorts U.S. Collection Development, LLC v. 12, 2021) Another timeshare company v. timeshare exit company case.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

NOVEMBER 6, 2023

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.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised 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?

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, 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. Vimeo appeared first on Technology & Marketing Law Blog. 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

JANUARY 3, 2024

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.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

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 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

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.

Blogging 131

Blogging Law Contracts Cease and Desist 131

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

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 45

Marketing Marketing False Advertising Contracts 45

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.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. 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.

False Advertising 98

False Advertising Government Privacy Design 98

43(B)log

JUNE 22, 2022

Plaintiffs sued for breach of contract under Tennessee common law and false advertising 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.)

Advertising 72

Advertising Advertising False Advertising Contracts 72

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

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising 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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Normally trademark owners aren’t third-party beneficiaries of that contract. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Per Malwarebytes , the online marketplace should qualify for Section 230 protection for the Lanham Act false advertising claims).

Trademark 144

Trademark False Advertising Advertising Advertising 144

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

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, 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.

Artwork 82

Artwork Contracts Art False Advertising 82

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

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

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 16, 2021

Allegations: With the goal of increasing its market share, Vacasa “sent out promotional mailers to homeowners with properties located in the same geographic areas where [Plaintiff] manages vacation rental properties.” The purpose of each call was to convince the individual to switch companies. This wasn’t specific and factual enough.

Advertising 45

Advertising Advertising False Advertising Marketing 45

Indiana Intellectual Property Law

JULY 16, 2021

ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

False Advertising 52

False Advertising Trademark Intellectual Property Advertising 52

43(B)log

SEPTEMBER 20, 2021

Plaintiffs sought to amend the complaint to add, inter alia, a Lanham Act false advertising claim, which the court held was not futile. Footnote: Commercial advertising or promotion isn’t necessarily straightforward. Is this an organized campaign to penetrate the relevant market?

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

MARCH 9, 2022

As the licensee, Brown Bottling had “standing to bring false affiliation claims under Section 43(a).” Then the court recited the elements of false advertising under §43(a)(1)(B), and then it identified the multifactor confusion test as the relevant test, so your guess is as good as mine about what provision is at issue.

False Advertising 59

False Advertising Trademark Marketing Marketing 59

IP Tech Blog

JANUARY 10, 2022

and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. Many IP owners are facing more competition from infringing imported products and are looking ways to maintain and grow their position in the market. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” False advertising: The allegations identified “merely describe the supposed underlying trademark infringement.”

False Advertising 72

False Advertising Ownership Registration Design 72