43(B)log

MAY 19, 2023

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.

Copying 94

Copying False Advertising Social Media Advertising 94

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising 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.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

OCTOBER 4, 2021

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).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. But Defendants have brought on themselves these unfortunate consequences through their false advertising.”

False Advertising 56

False Advertising Advertising Advertising Social Media 56

43(B)log

APRIL 29, 2024

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.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

AUGUST 11, 2022

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).

Editing 126

Editing Advertising Advertising Marketing 126

43(B)log

APRIL 25, 2023

Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising 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.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

OCTOBER 18, 2024

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 false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising 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.

Copying 64

Copying False Advertising Social Media Advertising 64

Technology & Marketing Law Blog

JULY 23, 2024

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?

Editing 98

Editing Advertising Advertising Marketing 98

43(B)log

DECEMBER 18, 2023

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 false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. ” Id.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JUNE 30, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Business 59

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

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.

False Advertising 45

False Advertising Advertising Advertising Copying 45

IP Law 360

MARCH 17, 2025

A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers. (..)

False Advertising 52

False Advertising Advertising Advertising Copying 52

43(B)log

NOVEMBER 27, 2023

Design Gaps brought trade secret, tortious interference, and state and federal false advertising/false designation of origin claims against defendants. And the complaint was full of references to Design Gaps’ copyrighted designs and defendants’ “copying.”

Copying 45

Copying False Advertising Designs Design 45

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, 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

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IPilogue

DECEMBER 15, 2022

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.

Social Media 105

Social Media False Advertising Copying Trademark 105

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

JULY 23, 2024

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?

Editing 52

Editing Advertising Advertising False Advertising 52

43(B)log

JULY 19, 2023

13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising 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.

Copying 40

Copying False Advertising Advertising Advertising 40

43(B)log

JANUARY 27, 2023

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.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Copyright Lately

SEPTEMBER 29, 2024

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, false advertising, unfair competition, and unjust enrichment claims.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

TorrentFreak

JANUARY 26, 2024

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 false advertising and misuse of the Dish and Sling trademarks, the complaint notes.

Cease and Desist 117

Cease and Desist False Advertising Advertising Advertising 117

43(B)log

OCTOBER 12, 2022

The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising. Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising 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 false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 21, 2022

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 false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

SEPTEMBER 20, 2024

However, coordinate state law claims under the Ohio Deceptive Trade Practices Act were preempted by §301 because the alleged extra element—the fact that the copied matter was put on products and sold on products that compete with Scotts’—didn’t qualitatively distinguish Scotts’ copyright claim from its trade dress claim. “[B]ased

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

APRIL 29, 2024

In brief: Meishe argued that Tiktok copied its code via an employee who departed. False advertising: 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.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

OCTOBER 1, 2021

Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on false advertising 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.

Advertising 59

Advertising Advertising False Advertising Litigation 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 31, 2022

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.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Thus, Outlaw showed likely success on the merits of this claim.

Advertising 49

Advertising Advertising False Advertising Copyright 49

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

SEPTEMBER 30, 2021

26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.” Strong Current Enters. Affiliati Network, Inc.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72