article thumbnail

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v.

article thumbnail

Disgorgement in a noncomparative false advertising case: doctrinal drift?

43(B)log

Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” This contrasts to damages, which require proof of a causal link between plaintiff’s injury and defendant’s conduct.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market

43(B)log

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. Cue antitrust lawyers talking about the difficulties of market definition in antitrust! Heartwise, Inc.,

article thumbnail

"advertising injury" insurance exclusion doesn't exclude false advertising claims

43(B)log

28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate.

article thumbnail

ambiguity over who was first African-American bourbon distiller in Kentucky dooms false advertising claim

43(B)log

Brough Brothers alleged that Fresh Bourbon falsely advertised that Fresh Bourbon is the first black-owned bourbon distillery in Kentucky, and made other related claims. Apparently Master Distiller has no set definition. Even assuming that Brough Brothers had shown falsity, it still failed on materiality.

article thumbnail

game spat expands beyond false advertising to TM and (c)

43(B)log

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. That is, false advertising was sufficiently pled as to statements that games on Skillzs platforms did not use bots, matched players evenly, and allowed users to withdraw funds at any time. Skillz Platform Inc. Papaya Gaming, Ltd.,

article thumbnail

antitrust claim against Suboxone, including false advertising, survives summary judgment

43(B)log

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.