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Dawgs’ (“Dawgs”) counterclaim for falseadvertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for falseadvertising under the Lanham Act. Crocs largely prevailed in those actions. See Zenith Elecs. Exzec, Inc. , 3d 1340 (Fed.
As fear and anxiety proliferate during this pandemic, fraudulent or falseadvertisements also surge and explode. Petitioners raise falseadvertising claims and try to stop misleading advertisements by seeking injunctions.
the Lanham Act falseadvertising claim survived. Lexmark says that “to come within the zone of interests in a suit for falseadvertising under § 1125(a), a plaintiff must allege an injury to a commercial interest in reputation or sales.” Comment: This is a proximate cause question.
Also, in “other cases, the threat of future harm may be the consumer’s plausible allegations that she might purchase the product in the future, despite the fact it was once marred by falseadvertising or labeling, as she may reasonably, but incorrectly, assume the product was improved.”
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. The post Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet Reyes & Adler 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.
But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a falseadvertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP
17, 2023) Another entry in the “courts treat Lanham Act falseadvertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for falseadvertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.
The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to falseadvertising claims and other claims that are based on purportedly false representations.” The post Section 230 Helps Amazon Defeat FalseAdvertising Lawsuit Over Printer Ink Cartridges–Planet Green v.
Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/falseadvertising/deceptive trade practices under Hawaii law. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or falseadvertising, § 1125(a)(1)(B)?
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. Nor was Vitamins Online required to prove a nexus between the falseadvertising and the lost sales.
Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its falseadvertising 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.
It didn’t get a chance to decide the falseadvertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which falseadvertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.
Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for falseadvertising, 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.
Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of falseadvertising 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.
Brough Brothers alleged that Fresh Bourbon falselyadvertised that Fresh Bourbon is the first black-owned bourbon distillery in Kentucky, and made other related claims. By December of that year, it had distilled bourbon and filled its first bourbon barrel in a leased Kentucky facility. Apparently Master Distiller has no set definition.
ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, falseadvertising under the Lanham Act and California law, and tortious interference.
On October 3, 2024, the Federal Circuit held that a falseadvertising 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.
8, 2023) When does TM logic creep into falseadvertising cases? And Faire alleged that Tundra repeatedly falselyadvertised 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.”
Effervescent, the Federal Circuit ruled that falselyadvertising that a product feature is patented can constitute a violation of the Lanham Act. On October 3, 2024, in Crocs v. All the way back in 2006, Crocs sued several competitor shoe distributors for patent infringement. By: Sunstein LLP
As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even falseadvertising as a category. So what was the problem? The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”
Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) falseadvertising and misrepresentation. Falseadvertising: Only ok against Kitchen Cube.
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act falseadvertising 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.
Were in a world where thats enough, I guess.) Block contended that it couldnt be held liable if Intuit is posting two different prices online without disclosing that prices may differ in certain test markets.
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 falseadvertising claims survived.
2, 2024) Noriega alleged that Abbott’s PediaSure falselyadvertised 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.
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.
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.
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 falseadvertising, trademark, and copyright claims. (It
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 falseadvertising.
Injury: Damages and disgorgement under the Lanham Act require injury (for falseadvertising, 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 falseadvertising.
Chapter 2: What is an Advertisement? Chapter 3: FalseAdvertising Overview. Chapter 9: FalseAdvertising 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.
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.
or falseadvertising – 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?;
After filing 13 lawsuits in 2023 claiming trademark infringement, deceptive trade practices, and falseadvertising 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.
Falseadvertising, 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.
The Roundtable is designed to be a forum for the discussion of current trademark, falseadvertising, 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.
The falseadvertising 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.
An Illinois federal judge won't make a hemp-based rolling paper maker disgorge its profits to a rival following a finding that it falselyadvertised its papers as being made in Alcoy, Spain, saying the facts of the case don't support disgorgement, only limited attorney fees.
of falselyadvertising 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.
A California federal judge on Wednesday issued a permanent injunction sought by Monster Energy following its $293 million falseadvertising win against Vital Pharmaceuticals over its Bang energy drink, ruling Vital must cease selling Bang products featuring the words "creatine" within 60 days, along with other significant restrictions.
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