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 69

False Advertising Advertising Advertising Marketing 69

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.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

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

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 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. Fourth, Bumble required users to click through the blocker card while logged in (thus being able to show the user’s login credentials were present). Alkutkar used the dating app Bumble.

False Advertising 128

False Advertising Marketing Marketing Advertising 128

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

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. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. Trademarks. Make intangible assets.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

JANUARY 3, 2023

Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative). Allegations: Defendants market a dietary supplement product labeled “100% Wild Alaskan 1000 mg Fish Oil” whose label asserts that it “Contains Fish: Alaskan Walleye Pollock.” But so what? “[T]his

Contracts 108

Contracts Marketing Marketing Law 108

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

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

43(B)log

OCTOBER 6, 2021

Defendants counterclaimed against ASHI: (1) false advertising under the Lanham Act, and (2) tortious interference with business expectancy. EBPHI also presented evidence that testing outside of the standards of practice is not a factor that renders a test psychometrically invalid. Thus, the issue was for the jury.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

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 85

False Advertising Government Privacy Designs 85

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

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

A single user can obfuscate its past identity from its present. TM law should facilitate disclosure or it will fall behind market. Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). Q: endgame? Christopher S.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. 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. Slides here. Example from recent case: Abrahams v. 19-3009 (RDM) (D.D.C.

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. I’m not sure anyone is unclear on that, though—different politicians/groups just want conflicting things from regulation and Republicans in particular are presently pushing common carrier while Democrats are presently not.]

Law 119

Law Branding Brands Branding 119