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” 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 FalseAdvertising Suit Over Search Ads–Harbor Breeze v.
Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falselyadvertised 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.
Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for falseadvertising 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.,
28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying falseadvertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falselyadvertised as more accurate.
Brough Brothers alleged that Fresh Bourbon falselyadvertised 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.
Skillz sued its competitor Papaya, alleging falseadvertising under federal and state law. That is, falseadvertising 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.,
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 falseadvertising difficult.
I won’t say much about that, though I do have a big question, but there are also falseadvertising aspects of the case. Falseadvertising: the jury found for Select Comfort on seven falseadvertising claims and for defendants on the remaining eight, awarding about $160,000 in disgorgement and nothing on lost profits.
Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). Summary judgment granted on state and federal falseadvertising claims.
Liability attaches to those who “[k]nowingly makes a false representation” as to the product “for sale,” and the definition of “sale” explicitly includes an “attempt to sell” the product or service. “[I]ndividuals
Safelite allegedly falselyadvertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?
The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for falseadvertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. Even after default.
We are definitely not there yet. I don’t have a very strong position on whether misleadingness should be empirically or normatively assessed, but I do think courts should be clear on what they’re doing and not bounce unpredictably between the two concepts.
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.
13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to falseadvertising cases—look at the reasons this falseadvertising claim fails. AFC sued MedHelp for Lanham Act falseadvertising.
Roblox sued for copyright infringement, falseadvertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and falseadvertising and unfair competition under California law.
This was allegedly still false and misleading, and First Databank allegedly falselyadvertised that it “compile[s]” the relevant information in its database and for its coding determinations from the FDA and from manufacturers, such as Alfasigma. The database does not list any of Defendant’s own products or additional services.
24, 2023) Courts in particular kinds of falseadvertising cases say that scientific claims are not falsifiable, even as the majority of workaday falseadvertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.
12, 2022) An insurance coverage case about a falseadvertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and falseadvertising? DBA Godiva Chocolatier, Inc. Endurance Am. N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del.
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.
And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act falseadvertising claim.
3, 2021) Sultanis alleged that petfood sold as being made with “free-run” poultry and “wild-caught” fish was falselyadvertised. Even if the court were to take judicial notice of the Canadian definition, “it is highly implausible that Ms. Champion Petfoods USA Inc., 2021 WL 3373934, No. 21-cv-00162-EMC (N.D.
Lanham Act falseadvertising: Allen alleged that Toyota’s statements that “[t]he purchase. a breach of your dealer agreement” constituted falseadvertising because the agreement in fact allows for purchases of Toyota parts from other sources, including for non-warranty repairs.
.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”
It apparently held that there were “compelling reasons to conclude that claims based on the validity of the Parikh Study—or any other peer-reviewed, non-fraudulent scientific study—are likely ‘non-actionable’ in the context of falseadvertising.” This satisfied both ONY and Southland Sod.
He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for falseadvertising. Bumble made a series of miscues, including several problems with the email notice and the lack of a definitive screenshot of its blocker card. Alkutkar used the dating app Bumble. What went right?
Both sides now claim the other is liable for falseadvertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”
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 a wallet).
The falseadvertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL. The court partially granted/denied Nexo’s motion to dismiss.
24, 2021) Plaintiffs sought class certification of their falseadvertising claims based on the claims that KIND falselyadvertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos.
2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s falseadvertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. Nor did he specifically analyze KIND ingredients, only how they were “typically” sourced.
20, 2021) In this timeshare exit falseadvertising 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.” Wyndham Vacation Ownership, Inc. Sussman, 2021 WL 4948099, No.
ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. It also marketed certain products as epoxies despite their not fitting the chemical definition of an epoxy.
Monster alleged that VPX falselyadvertised 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.”
At trial, Republic alleged that HBI engaged in falseadvertising under the Lanham Act, unfair competition, and violations of the IUDTPA. It also rejected the Lanham Act falseadvertising claim, but found unfair competition and IUDTPA violations by HBI. What happens when Republic publicizes it?
Perhaps overreacting, Wakefern sued for trademark infringement and falseadvertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. Falseadvertising: Not commercial advertising or promotion.
While that was one plausible meaning, another, according to dictionary definitions, was “an ingredient that has the power or the tendency to preserve, regardless of whether it has a preserving function in a specific product.” affirms or promises that such material.
The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for falseadvertising and false association.
Plaintiff alleged that Stoma falselyadvertised that its Capt-all device, which fits onto the end of a high volume evacuator valve, is an amalgam separator and EPA compliant. Both options require at least 95% removal efficiency; the former must use ANSI testing, while the latter must use sampling averages.
Although expressing some skepticism, the court found that they stated a valid falseadvertising claim. Thus, Universal argued that the alleged misrepresentation was too vague and non-specific to definitely represent that viewers would see De Armas or her segment in the movie. But explicit misstatements aren’t required.
He also alleged that the results of a survey show that 88 percent of consumers are deceived by the White Baking Morsels’ advertising and incorrectly believe they contain white chocolate.
The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. Falseadvertising/passing off: Same basic problems. If we got rid of the bizarre idea that Rogers was about artistic works and correctly labeled it as being about commercial speech, courts would do much better. Did Mandabach have valid marks?
WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and falseadvertising. Cases about falseadvertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In
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