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Dawgs’ (“Dawgs”) counterclaim for falseadvertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for falseadvertising under the Lanham Act. Crocs largely prevailed in those actions. 1125(a)(1)(B) (Section 43 of the Lanham Act).
Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. The post Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms.
The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to falseadvertising claims and other claims that are based on purportedly false representations.” Section 230 more clearly applies to third-party ad copy than to the resulting sales. See, e.g., the cited Ynfante v.
It allegedly sold or gave away unauthorized copies of the I-Codes and Custom Codes to both customers and prospective customers. Finally, UpCodes allegedly falsely claimed to be the “only source” of state amendments integrated into the model code, when in fact ICC also offers custom codes on its website. UpCodes, Inc.,
Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. But what about falseadvertising? CV-21-01789-PHX-ROS (D. The court kicked out some but not all of the claims.
Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for falseadvertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.
It didn’t get a chance to decide the falseadvertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which falseadvertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. They were directly competing.
Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.
January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no falseadvertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. The Court granted Defendant’s motion for two reasons.
Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).
12, 2023) Following a large verdict for Monster on falseadvertising claims, this opinion discusses extensively the requirements for injunctive relief in falseadvertising cases. But Defendants have brought on themselves these unfortunate consequences through their falseadvertising.”
Thingiverse cube Kitchen Cube made and sold copies of the Cube. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.
Price: $9.99. * Print-on-demand hard copy from Amazon. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (egoldman@gmail.com).
Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in falseadvertising under the Lanham Act, unfair competition, and violations of the IUDTPA. The court granted an injunction focusing on the Alcoy claims, which were false. There was no special verdict form.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and falseadvertising claims survived.
The First Amendment has long coexisted with no-fault falseadvertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act falseadvertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]
Along with copyright claims, McCleese asserted Lanham Act falseadvertising claims. He did allege sadness, distress, and “profound grief” from Natorp’s copying of images of a particular landscape job, but the Lanham Act doesn’t cover psychological, emotional harm. McCleese registered copyrights for his photos in 2019.
14, 2022) Once in a blue moon, a falseadvertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.
Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (egoldman@gmail.com). Preface Chapter 1: Overview Chapter 2: What is an Advertisement?
15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its falseadvertising, trademark, and copyright claims. (It
January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no falseadvertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. ” Id.
The strongest evidence of the individual defendant’s involvement was that he reviewed a draft of the website copy before publication and didn’t object. This wasn’t enough to make him a “guiding spirit” or “central figure” in the underlying conduct.
CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. A copy of the Memorandum Opinion is attached. According to CareDx, ‘[u]nder 15 U.S.C.
24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act falseadvertising, Massachusetts and California statutory unfair competition and Massachusetts falseadvertising based on alleged copying of West Elm products. Wayfair moved to dismiss the falseadvertising and unfair competition claims.
Design Gaps brought trade secret, tortious interference, and state and federal falseadvertising/false designation of origin claims against defendants. And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”
On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, falseadvertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S Ripps’s collection has sold out in 15 days, producing a revenue of 1,023.03
The artists also mimicked Vogue’s promotional activities by distributing copies of the fake magazine in North America’s largest metropolitan areas, including New York, Los Angeles, Atlanta, Miami, Houston, and Toronto, and plastering posters of the counterfeit cover along streets and buildings in these cities.
To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet So why did I say the case was stupid? Allied Modular Building Systems, Inc.
26, 2022) [much other stuff skipped] The parties had a falseadvertising dispute that went to a jury, which found that FIGS wasn’t liable for falselyadvertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to falseadvertising.
Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”
Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email Eric (egoldman@gmail.com). Preface Chapter 1: Overview Chapter 2: What is an Advertisement?
13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a falseadvertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. Continental Casualty Company v.
Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? It’s desirable for making it easier to turn pages for performance etc.
1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and falseadvertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the falseadvertising claims with prejudice.
The court noted that determining whether a use is de minimis involves both quantitative and qualitative assessments—how much of the copyrighted material was copied and how significant that copying was. The judge dismissed the business disparagement, falseadvertising, unfair competition, and unjust enrichment claims.
The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and falseadvertising. Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted falseadvertising and false association.
Flyers As shown above, these flyers advertised the IPTV streaming service as an “Authorized Retailer” for Dish and Sling, which people could “WATCH FOR $7/mo.” This amounts to falseadvertising and misuse of the Dish and Sling trademarks, the complaint notes.
It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. That is the most common outcome. LoanStreet v.
Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and falseadvertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.
In brief: Meishe argued that Tiktok copied its code via an employee who departed. Falseadvertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc., 3d 1156 (N.D.
Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on falseadvertising and caused Kissler to suffer irreparable harm, including loss of business opportunities and harm to its reputation. The court found that Kissler couldn’t show likely success on the merits.
Plaintiffs sued for breach of contract under Tennessee common law and falseadvertising 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.)
Lite-Netics was restrained from making statements “suggesting ‘copying’ by HBL, suggesting HBL customers will be burdened as additional defendants in this or any lawsuit, or suggesting that HBL is a patent infringer.” With that out of the way, the balance of equities and the public interest also favored a preliminary injunction.
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