Technology & Marketing Law Blog

DECEMBER 10, 2023

The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to false advertising claims and other claims that are based on purportedly false representations.” The post Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v.

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JD Supra Law

OCTOBER 14, 2024

But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP

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43(B)log

JANUARY 13, 2023

Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/false advertising/deceptive trade practices under Hawaii law. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)?

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43(B)log

JUNE 29, 2023

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. Nor was Vitamins Online required to prove a nexus between the false advertising and the lost sales.

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43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v.

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43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.

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43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.

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43(B)log

JANUARY 13, 2023

But what about false advertising? Lanham Act: Five 18 allegedly violated the Lanham Act by replicating and publishing Wolf’s designs while holding themselves out as the creators of the designs, confusing the public and consumers. Dastar barred a passing off claim.

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43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference.

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43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? And Faire alleged that Tundra repeatedly falsely advertised via phone and email solicitations that Faire was aware of and approved Tundra’s scheme: on December 15, 2022, Tundra’s employee allegedly told Brand A Faire approved of Tundra’s scheme and “it was above board.”

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JD Supra Law

APRIL 25, 2024

Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement. In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S.

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JD Supra Law

OCTOBER 17, 2024

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc.

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43(B)log

DECEMBER 22, 2023

As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even false advertising as a category. So what was the problem? The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”

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43(B)log

APRIL 29, 2024

Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation. False advertising: Only ok against Kitchen Cube.

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43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. 1, 2017 to Apr.

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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.

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43(B)log

JULY 8, 2024

2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Abbott Laboratories, F.Supp.3d 3d -, 2024 WL 402925, No. 4014 (PAE) (S.D.N.Y.

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IP Law 360

MARCH 28, 2023

A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on social media to promote the business' services without his authorization.

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43(B)log

FEBRUARY 26, 2024

State of N.Y. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales.

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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

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43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

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CoCal IP Law Institute

OCTOBER 17, 2024

Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Alexsam, Inc. Aetna, Inc., 22-2036 (Fed. 2024) where the court found in favor of [.]

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JD Supra Law

APRIL 3, 2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler

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Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023.

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SpicyIP

JANUARY 30, 2024

or false advertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish? or the exclusive rights over a recipe – breach of confidentiality?;

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43(B)log

JULY 24, 2023

Injury: Damages and disgorgement under the Lanham Act require injury (for false advertising, not trademark infringement, despite the same statutory language covering both; no, I am not going to stop pointing this out any time soon). And economic analysis is a valid means of proving an injury caused by false advertising.

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Technology & Marketing Law Blog

AUGUST 11, 2022

Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview. Chapter 9: False Advertising Practice and Remedies. Chapter 4: Deception. Chapter 5: Which Facts Matter? Reasonable Consumers and Materiality. Chapter 6: Omissions and Disclosures. Chapter 7: Special Topics in Competitor Lawsuits.

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43(B)log

AUGUST 29, 2024

23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing. Ortho-Tain, Inc. 2024 WL 3925408, No.

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Technology & Marketing Law Blog

JULY 23, 2024

Preface Chapter 1: Overview Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter?

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JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S.

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Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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IP Watchdog

JULY 23, 2024

After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and false advertising related to the pharmaceuticals Ozempic and Wegovy, Novo Nordisk—a 100-year-old pharmaceutical company with its origins in Denmark—is once again making headlines.

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43(B)log

OCTOBER 9, 2023

False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards. Since the designs were not plainly dissimilar, infringement was plausible. Motion to dismiss granted.

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43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

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Technology & Marketing Law Blog

MARCH 6, 2023

The false advertising claim fails because Lops didn’t show that the videos “are commercial speech and made for the purpose of influencing consumers to buy YouTube’s goods or services.” ” Cites to Tiffany v. eBay and Sellify v. ” Lops also had an unsuccessful lawsuit against Facebook.

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IP Law 360

APRIL 20, 2023

An Illinois federal judge won't make a hemp-based rolling paper maker disgorge its profits to a rival following a finding that it falsely advertised its papers as being made in Alcoy, Spain, saying the facts of the case don't support disgorgement, only limited attorney fees.

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IP Law 360

MAY 2, 2023

of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns. A New York federal judge on Tuesday rejected a class certification bid in a lawsuit accusing stationary bike giant Peloton Interactive Inc.

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