The IP Law Blog

OCTOBER 27, 2022

This case is a strong reminder to pay close attention to all procedural rules governing a case, including specifically all Local Rules of the District and any Scheduling Orders and/or Standing Orders issued by the Judge. Thus, the Court summarily denied the motion to dismiss.

False Advertising 98

False Advertising Patent Advertising Advertising 98

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. For example, in the McNeil v.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Trademark and Copyright Law Blog

JANUARY 14, 2021

In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your competitors are making false or misleading statements in their advertisements.

Advertising 40

Advertising Advertising False Advertising Social Media 40

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc. This was ambiguous.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

AUGUST 5, 2022

LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. reached the point of exasperation, terminated the agreement with Glamour Dolls, and contacted the Federal Government. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 131

Blogging Law Contracts Cease and Desist 131

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

While this may sound a little wacky, it makes sense that Section 230 was designed to ensure that Internet services only need to comply with a single national standard as much as possible. Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. See, e.g., Ripple v.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

OCTOBER 11, 2022

Tofurkey is not aware of a single consumer communication sent to Tofurky or to any government agency complaining that a consumer mistakenly believed Tofurky’s plant-based meat products were, or contained meat, from slaughtered animals.” Considering the label as a whole, the court found Tofurky’s use of the terms not inherently misleading.

Law 56

Law False Advertising Designs Design 56

43(B)log

JANUARY 10, 2023

6, 2023) Norman sued Gerber for allegedly falsely advertising its baby food/infant formula products as “NON GMO Not Made With Genetically Engineered Ingredients” on the front of the package, and also on the back above the ingredients list. Gerber Prods. 2023 WL 122910, No. 21-cv-09940-JSW (N.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 22, 2021

9, 2021) Alleged ambiguity didn’t save AB from this false advertising claim. National” appears prominently throughout the regulatory scheme and “is consistently associated with the federal program that governs any mention, use, or display of the official USDA organic seal or label. Suzie's Brewery Company v. 3:21-cv-178-SI (D.

Advertising 59

Advertising Advertising False Advertising Government 59

LexBlog IP

OCTOBER 27, 2022

This case is a strong reminder to pay close attention to all procedural rules governing a case, including specifically all Local Rules of the District and any Scheduling Orders and/or Standing Orders issued by the Judge. Thus, the Court summarily denied the motion to dismiss.

False Advertising 52

False Advertising Advertising Advertising Patent 52

LexBlog IP

SEPTEMBER 2, 2022

The complaint details efforts to post purchased positive reviews through “‘drip campaigns’ which involve ‘the steady flow of reviews’” that were designed to make the reviews appear natural and organic. Postal Office commercial facility address.” But we leave with two closing thoughts.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. If the law says that Google is a common carrier, expecting more speech governance is irrational. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed.

Law 91

Law Branding Branding Brands 91

43(B)log

AUGUST 31, 2021

Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” In 2018, the federal government forced Copper Cane to alter the labels after determining that they were misleading. with “Purely Elouan, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 59

Contracts Advertising Advertising Government 59

43(B)log

FEBRUARY 8, 2024

An item that is made from recyclable material, but, because of its shape, size, or some other attribute, is not accepted in recycling programs, should not be marketed as recyclable.” But Colgate hasn’t received such an exemption. Finally, plaintiffs had standing to seek injunctive relief because they wanted to buy recyclable toothpaste tubes.

Marketing 59

Marketing Marketing Government Designs 59

43(B)log

AUGUST 18, 2022

However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. And they argued that “neither the Coffeemaker nor its packaging affirmatively stated that Black & Decker designed, manufactured, distributed, or warranted the Coffeemaker.” The court of appeals disagreed.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. Superior Court (2000) 78 Cal.App.4th

Designs 56

Designs Design Patent Prosecution Art 56

LexBlog IP

SEPTEMBER 14, 2022

Also last year, in discussing Environmental, Social, and Governance factors (ESG), then-Acting Chair of the U.S. Based on this purported conduct, the Complaint brings claims for deceptive acts and false advertising under the State Unfair and Deceptive Practices Act (a.k.a.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

SEPTEMBER 1, 2021

Thus, the document continued, “facilities handling ethers and ether/gasoline blends must be designed and operated to insure (1) low likelihood for spills and leaks, (2) early detection of leaks when they occur, and (3) rapid repair and cleanup when leaks are found.” If it is used, engineering design and site operations.

Advertising 45

Advertising Advertising Litigation Designs 45

43(B)log

JULY 6, 2022

That the ‘look’ of particular advertisements varied, that different text was used, or that different channels delivered the messages, does not necessarily undermine plaintiffs’ experts’ opinions that the themes and USP were consistent across the relevant time periods.” All these claims predominated over individual issues.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

JULY 20, 2023

Yet, of the five Shelby trims, the Base and Technology trims lacked “transmission and differential coolers,” a feature—originally included as standard on all Shelbys—that is designed to prevent engine overheating. See, e.g., Carriuolo v. 3d 977, 983, 986 (11th Cir.

Advertising 52

Advertising Advertising Law False Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. What’s Regulated? A new frontier for a trade war.].

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Case citation : Freethinker v. Google LLC , 2024 WL 2809371 (Cal.

Contracts 98

Contracts Designs Design Publishing 98

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. FTC. * New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?). Amazon ruling. Reyes & Adler v.

Trademark 110

Trademark Advertising Advertising Settlement 110

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

43(B)log

AUGUST 25, 2021

They are “the only software-based neurocognitive tests that have been cleared and designated … as Class II medical devices for use as an aid in the assessment and management of concussions.” Courts do not recognize implied government approval claims in the absence of explicit claims. ImPACT Pediatric is for patients ages 5-11.

False Advertising 45

False Advertising Advertising Advertising Government 45

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

MARCH 31, 2023

Given that the disputed transfer was pre-1978, it was governed by the common law. “A Lanham Act false designation of origin, unfair competition, and cybersquatting: The complaint identified Henry Darger’s name as the relevant trademark (I don’t see how the Estate can plausibly claim to own it as a mark, but ok).

Ownership 45

Ownership Art Copyright Registering Trademarks 45

Technology & Marketing Law Blog

OCTOBER 23, 2024

.” Furthermore, in a mild surprise, the court blesses Google’s “ad” label: “the bolded “Ad” designation next to each of ALG’s advertisements sufficiently distinguishes ALG’s advertisements from the search’s organic results.” LoanStreet v. Reyes & Adler v.

Trademark 105

Trademark Advertising Advertising False Advertising 105

43(B)log

JULY 20, 2023

Given its powers under the COVID-19 Act, the government sought not just a permanent injunction, but damages, including recission/restitution/disgorgement, as well as civil penalties. Under Section 12 of the FTC Act, an “advertisement” is a publication that has the “tendency or capability to induce the sale of [a] product.”

Government 40

Government Advertising Advertising Social Media 40

43(B)log

FEBRUARY 24, 2021

Designed in US” can also work. Hecho in Mexico is a certification; must be (majority) produced in Mexico, not precisely corresponding to AOs or GIs, but permit coming from Mexican government. This can include use of flags, eagles. But can use qualifiers like “made in USA of domestic and foreign components.” Mattero v.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 3, 2023

Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Said: note that MLM companies may also have IP troubles [Lularoe and leggings designs], which might also provide an interesting set of comparisons. How do they make that happen?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 27, 2025

Pom Wonderful characterized the FDCA as designed primarily to protect the health and safety of the public at large rather than to prevent false advertising. As the First Circuit said in Azurity Pharmaceuticals, Inc. Edge Pharma, LLC, 45 F.4th 4th 479 (1st Cir. in the absence of explicit claims.

Advertising 52

Advertising Advertising False Advertising Marketing 52