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

JULY 8, 2024

This claim was based on carbon offsetting via participation in the voluntary carbon offset market. Berrin alleged that “foundational issues with the voluntary carbon offset market make it impossible to make a company carbon-neutral with the purchase of offsets.” Wolens, 513 U.S.

Advertising 64

Advertising Advertising Marketing Marketing 64

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

LexBlog IP

AUGUST 7, 2023

It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. The reference in the Quinn letter to 43(a) was interesting. As an aside, there is no Lanham Act 43(a) cause.

Social Media 52

Social Media Reporting Contracts False Advertising 52

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

Technology & Marketing Law Blog

JULY 22, 2021

In characterizing Section 230, every reference to “immunize” is changed to “‘protect.” The prior opinion contained two references to Section 230 as “broad.” Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference.

False Advertising 141

False Advertising Contracts Editing Advertising 141

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

MARCH 9, 2022

But this doesn’t seem to provide a private right of action; Brown Bottling argued that its references to the Soft Drink Act in its complaint were just providing pertinent history/context for the unfair competition/tortious interference claims. As the licensee, Brown Bottling had “standing to bring false affiliation claims under Section 43(a).”

False Advertising 59

False Advertising Trademark Marketing Marketing 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

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 Designs 72

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. Second, the text of the blocker card included both a call-to-action (could have been better, but OK) and reference to the arbitration clause. Alkutkar used the dating app Bumble. Bumble, Inc.

False Advertising 127

False Advertising Marketing Marketing Advertising 127

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.” .… different.”

False Advertising 59

False Advertising Advertising Advertising Marketing 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

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 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” appeared first on Technology & Marketing Law Blog.

False Advertising 84

False Advertising Government Privacy Designs 84

43(B)log

AUGUST 9, 2021

for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context.

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

AUGUST 3, 2023

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). 57% say sellers could be liable for false etc. Expand social media monitoring.

Social Media 52

Social Media Fair Use Advertising Advertising 52