43(B)log

SEPTEMBER 16, 2021

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 false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised 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?

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

AUGUST 1, 2022

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

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

SEPTEMBER 30, 2021

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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 20, 2024

Ortho black trade dress This was sufficiently definite; it didn’t include terms like “such as” or “for example,” which can be problematic. Scotts alleged that the products do not provide the advertised protection for up to 12 months or 365 days; that was sufficient to allege falsity.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

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

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 6, 2023

Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. a breach of your dealer agreement” constituted false advertising because the agreement in fact allows for purchases of Toyota parts from other sources, including for non-warranty repairs.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

SEPTEMBER 13, 2024

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

SEPTEMBER 13, 2022

12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? DBA Godiva Chocolatier, Inc. Endurance Am. N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del.

False Advertising 59

False Advertising Settlement Advertising Advertising 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

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. But, surprise!

Trademark 59

Trademark False Advertising Advertising Advertising 59

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

AUGUST 25, 2022

The false advertising 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.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

AUGUST 25, 2021

This was allegedly still false and misleading, and First Databank allegedly falsely advertised 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.

False Advertising 72

False Advertising Advertising Advertising Designs 72

43(B)log

OCTOBER 9, 2023

Plaintiff alleged that Stoma falsely advertised 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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising 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.

False Advertising 64

False Advertising Brands Branding Branding 64

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “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.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

JANUARY 21, 2022

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 false advertising.” This satisfied both ONY and Southland Sod.

False Advertising 64

False Advertising Advertising Advertising Journalism 64

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, 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.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

JUNE 26, 2023

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 false advertising and false association.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

SEPTEMBER 7, 2021

Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

DECEMBER 8, 2022

At trial, Republic alleged that HBI engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. It also rejected the Lanham Act false advertising claim, but found unfair competition and IUDTPA violations by HBI. What happens when Republic publicizes it?

False Advertising 59

False Advertising Advertising Advertising Editing 59

43(B)log

NOVEMBER 11, 2024

This definition describes every pet food sold in America except for those made by defendant and two other companies.” The big problem was commercial advertising or promotion. “Boutique” refers to the company size and “exotic” describes the ingredients used.

Journalism 52

Journalism Advertising Advertising False Advertising 52

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised 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.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising 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.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

JANUARY 11, 2023

9, 2023) Simpson sued MiTek for Lanham Act and state law false advertising/passing off, and for copyright infringement. For false advertising, the control group respondents were exposed to the same four MiTek stimuli but with the reference numbers removed. Simpson Strong-Tie Co. 2023 WL 137478, No. 20-cv-06957-VKD (N.D.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

AUGUST 23, 2021

3, 2021) Sultanis alleged that petfood sold as being made with “free-run” poultry and “wild-caught” fish was falsely advertised. 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.

False Advertising 83

False Advertising Advertising Advertising Marketing 83

Technology & Marketing Law Blog

JUNE 18, 2023

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 false advertising claim.

Blogging 95

Blogging False Advertising Litigation Marketing 95

43(B)log

JULY 15, 2024

As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Also, the fact that he acknowledged that there were other definitions of “sneakerhead” and that the group is heterogeneous wasn’t a “fatal” flaw meriting exclusion as opposed to cross-examination.

False Advertising 69

False Advertising Brands Branding Branding 69

43(B)log

SEPTEMBER 23, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

JANUARY 20, 2023

AT&T did not show likely success on the merits of its Lanham Act false advertising claim and did not receive a preliminary injunction. AT&T argued that a “senior discount” is simply “a discount available to seniors,” and its AARP discount meets this definition, but that wasn’t the only reasonable interpretation.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 28, 2022

3, 2022) The court declined to dismiss some of Castle’s claims based on alleged false advertising of “smoked Gouda” as having actually been smoked, instead of having “smoke flavor” added. 3d -, 2022 WL 4776319 (E.D. The FDA allegedly recently warned companies regarding product labeling and smoked ingredients.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

JANUARY 30, 2024

At the pleading stage in this case, the court held that the plaintiff’s definition of “non-toxic” — that “the product[s] did not pose any risk to humans, animals, or the environment” — was sufficient. Here, whether the plaintiff’s asserted definitions are reasonable were for the jury to decide as part of the overall reasonable-consumer test.

Law 59

Law False Advertising Advertising Advertising 59

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising 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.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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’s allegations, including definitions of “threat” from statutes and other authorities, still had a subjective component.

False Advertising 59

False Advertising Advertising Advertising Business 59