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

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 7, 2022

By building the fake springs, the plaintiffs argued, the only way to discover the deception was to spend “years poring over maps, aerial photos, property records, and geology reports,” which kept the plaintiffs’ claims hidden much longer. “If If a jury believes this, I see no reason why Nestlé’s acts would not count as concealment.”

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

SEPTEMBER 16, 2021

It “began a campaign to systematically contact and try to poach business from Homeowners under exclusive contract with [Plaintiff]. In many instances, [Defendant’s] representatives have made false or misleading statements about [Plaintiff] to these Homeowners.”

Advertising 45

Advertising Advertising False Advertising Marketing 45

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Normally trademark owners aren’t third-party beneficiaries of that contract. The mandatory reporting of products’ country of origin is a liability trap. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Country of Origin Problems.

Trademark 144

Trademark False Advertising Advertising Advertising 144

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. In 2017, the last year before the switch, Omaze reported approximately $750,000 in revenue, with the substantial majority—approximately $450,000—passed through to CAFA. “In Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Designs 59

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. 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

APRIL 29, 2022

He was personally involved in the relevant conduct, including patenting and reporting to Amazon, so he could be liable for “tortious misuse” of patent and trademark rights.

Advertising 45

Advertising Advertising Contracts Patent 45

43(B)log

OCTOBER 6, 2021

For example, in response to Washington Post article that purportedly recommended homebuyers use InterNACHI home inspectors rather than ASHI’s, he posted “[t]he reporter failed to note that ASHI (American Society of Home Inspectors) was taken over by NAMBLA on Friday.” InterNACHI was founded by Gromicko, who is quite active on its forum.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

43(B)log

SEPTEMBER 20, 2022

Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines. Nor did plaintiffs’ survey report provide a way to define a reasonable consumer’s understanding of “All Natural,” because the court excluded it. It didn’t, so eventually the case was unpaused.

Litigation 59

Litigation Contracts False Advertising Reporting 59

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

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

IP and Legal Filings

DECEMBER 20, 2024

Rise of Influencing Marketing: A Proprietary Angle Influencer marketing is now a $21-billion industry as per Aspire’s 2024 Influencer Marketing Report. This can place a brand at risk or give rise to claims of false advertising against it. Report such infringements immediately using platform reporting mechanism.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

MARCH 14, 2025

She then emailed Gordon: [j]ust to confirm I should not be expecting Nancy to come at us to try and secure that weekend since you have a contract with White Elephant correct? She then told a reporter from a local newspaper, I do not anticipate competing festivals.

False Advertising 52

False Advertising Ownership Brands Branding 52

Technology & Marketing Law Blog

OCTOBER 14, 2024

” By definition, every contract of every type involves a bilateral exchange of contract consideration, so this logic suggests that every contract represents a statutory “sale”? Trump The post Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok , Nos.

False Advertising 105

False Advertising Advertising Advertising Contracts 105