43(B)log

SEPTEMBER 30, 2021

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.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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

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

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

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising 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.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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.” sought to send the case to arbitration. Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised 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.”

False Advertising 59

False Advertising Advertising Advertising Contracts 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. 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.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? CV-21-00228-TUC-SHR, 2022 WL 3098042 (D.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). The Policy here defines Advertising Injury as an injury “arising out of oral or written publication of material that libels or slanders.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms. This was a contract dispute, not a Yu problem.

False Advertising 45

False Advertising Fair Use Advertising Advertising 45

43(B)log

JULY 20, 2022

Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, false advertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion.

False Advertising 72

False Advertising Ownership Registration Designs 72

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 45

False Advertising Advertising Advertising Contracts 45

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

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

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

JULY 25, 2024

False advertising: Overjet challenged statements that allegedly falsely indicated that (1) “Videa’s software is safe and effective for various medical purposes,” even though it had not obtained the relevant FDA clearance, and (2) it had “reached a technological milestone in AI development before Overjet.” Overjet, Inc.

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

MARCH 6, 2024

Qoins also referred to SouthState in its responses to customer reviews, saying it was responsible for withholding funds. This was all allegedly false and misleading (given that Qoins customers were not SouthState customers, they weren’t FDIC insured). But SouthState did have standing for a false advertising claim.

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

FEBRUARY 8, 2024

The complaint alleged that Sirius XM didn’t adequately disclose the Fee in its ads, such as this one: mailer The promotional rate is prominently displayed, but there’s no express reference to the Fee. Like its mailers, Sirius XM’s promotional materials also don’t expressly refer to the Fee. note: bad practice!]) And, under Mantikas v.

Music 59

Music Contracts Advertising Advertising 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 45

Advertising Advertising False Advertising Contracts 45

43(B)log

JULY 8, 2024

The Court found that although both Illinois Consumer Fraud Act and contract claims had the same underlying facts—which were clearly related to rates and services—the plaintiffs’ claim was preempted but the contract claim could proceed. Wolens, 513 U.S.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

NOVEMBER 5, 2021

3, 2021) SquareTrade sells service contracts for the protection of consumer goods. Abbott alleged that she was misled because she saw references to “protection” on a brochure that she didn’t read and a sales clerk used the word “warranty” in describing the plan. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D.

Contracts 59

Contracts Business Law Publishing 59

43(B)log

FEBRUARY 21, 2022

For example, a 2020 buying guide, after plaintiffs filed suit, inserted a disclaimer that “CHP motor ratings refer to the motor power achieved in a testing facility. But even if defendants’ interpretations were reasonable, and other sources shared defendants’ view, that didn’t make plaintiffs’ understandings implausible.

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. By itself, then, a mere reference to “donation” could not be an affirmative misrepresentation [this is again a normative judgment, not an empirical one: it simply does not matter what reasonable audiences think].

False Advertising 59

False Advertising Advertising Advertising Designs 59

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. Newborn Bros.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Although there don’t seem to have been surveys on this, “[m]ost of the public and some clinicians incorrectly refer to genus and species as ‘strains.’” ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d 20-CV-192-JPS (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 10, 2023

Also, “the entirety of the advertisement on each website page describes in objective terms how much total food customers would receive.” They had calorie information, and Wendy’s said theirs was made with a “quarter-pound*” of beef with the asterisk referring to “[a]pproximate weight before cooking.”

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

SEPTEMBER 11, 2023

Its website says: “Our Whopper Sandwich is a ¼ lb* of savory flame-grilled beef topped with juicy tomatoes, fresh lettuce, creamy mayonnaise, ketchup, crunchy pickles, and sliced white onions on a soft sesame seed bun,” with the asterisk after the burger’s weight referring to the “[w]eight based on a pre-cooked patty.”

Advertising 45

Advertising Advertising Contracts Law 45

43(B)log

JANUARY 5, 2024

The court kicked out quasi-contract, unjust enrichment, and restitution claims with leave to amend and claims for injunctive relief without leave to amend, but otherwise sustained the basic consumer protection theory. Finally, the court declined to dismiss a nationwide class at this stage.

Contracts 59

Contracts Law Business False Advertising 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 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. The statutory reference to the corporation’s “own” profit couldn’t be extended to “insiders,” “related businesses,” or “officers.” [I’m

Advertising 52

Advertising Advertising Business Marketing 52

LexBlog IP

AUGUST 7, 2023

Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. asserting that CCDH’s reports were “baseless,” “false or misleading,” and not supported by proper research techniques. The reference in the Quinn letter to 43(a) was interesting.

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

AUGUST 3, 2023

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. claims, but only 24% reference or explain specific rules. FTC and FDA think this already!

Social Media 40

Social Media Fair Use Advertising Advertising 40

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

43(B)log

OCTOBER 29, 2024

28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. At one point, plaintiff WFG obtained accreditation and an A+ rating from the Better Business Bureau, which it advertised with the AARP, allegedly bringing in more than $10 million in revenue.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

IP and Legal Filings

DECEMBER 20, 2024

This can place a brand at risk or give rise to claims of false advertising against it. Influencer Contracts with Bold Clauses Essentially, these are clauses dealing with Trademark use in influencer contracts. Confusion can arise in the minds of individuals because of indefinite disclosures or vague messages.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

FEBRUARY 10, 2025

Lanham Act: McKenzie alleged that Defendants made false representations (1) in violation of 1125(a)(1)(A), by claiming that Morgan and ARS ow[n]ed the copyright to the LOVE image, and (2) in violation of 1125(a)(1)(B), by claiming that ARS was authorized to license said copyright. What about false advertising?

Public Domain 52

Public Domain Licensing Copyright False Advertising 52