43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False Advertising 59

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. appeared first on Technology & Marketing Law Blog. The district court disagreed.

False Advertising 98

False Advertising Government Privacy Design 98

43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

SEPTEMBER 3, 2021

29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, Lanham Act false advertising, and RICO violations. It didn’t like having some of its content on its FB page labeled “false,” out of date, or unreliable.

False Advertising 45

False Advertising Marketing Marketing Advertising 45

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Based on the ccBill precedent, a number of Ninth Circuit-governed courts have applied Section 230 to publicity rights claims. ” Not only has it been proven a zillion times that property rights often harm free markets, but this concern doesn’t fit Hepp’s situation at all. See, e.g., Ripple v. Facebook , Nos.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. State law governs how and when pharmacists and health care professionals can and must make generic substitutions.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IP and Legal Filings

SEPTEMBER 14, 2023

Apart from the growing interest of the consumers towards environmentally conscious purchases, various governments all over the world are offering incentives to companies that promote the ideology through their products and services to prioritize environmental protection.

Branding 98

Branding Branding Brands Trademark 98

43(B)log

AUGUST 28, 2024

15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. Despite the plausibility of these arguments, the court adopted the rule that “the law does not impute representations of government approval. What about “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 26, 2022

The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.” CUTPA: Covers both deceptiveness and unfairness.

Government 45

Government Law Advertising Advertising 45

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

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 105

Blogging False Advertising Litigation Marketing 105

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

Branding 105

Branding Brands Branding Personality Rights 105

Trademark and Copyright Law Blog

JANUARY 14, 2021

We will use real-life false-advertising cases litigated over the past few years to illustrate the successful and unsuccessful claims and defenses and to inform webinar attendees of the currently active areas of advertising litigation. Mital Patel , Associate, Foley Hoag LLP. Jennifer Yoo, Associate, Foley Hoag LLP.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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.” The claims were plausible under either ONY or the the [governing?]

False Advertising 64

False Advertising Advertising Advertising Journalism 64

43(B)log

MARCH 23, 2022

Roughly: Orthodontists accused SDC of falsely advertising its plastic aligners as equivalent to traditional orthodontic treatment. Instead, they were arguing that SDC’s marketing misled consumers about its FDA clearance status. Citing JHP Pharms., Hospira, Inc., 3d 992, 1000 (C.D. meets the agency’s.

False Advertising 59

False Advertising Advertising Advertising Marketing 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

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

SEPTEMBER 5, 2023

Defendant SBC sent a ninety-page document titled “Design Manual” to at least six prospective clients, including the statement: “These patented methods have now been tested and qualified for use on projects in accordance with governing building codes (AISC 341).” Similarity of products/marketing favored Core-Brace, because the parties compete.

False Advertising 59

False Advertising Law Advertising Advertising 59

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. Q: As a marketing professor, the word I say every day is Google. What are you going to do instead, advertise on Bing?

Law 91

Law Brands Branding Branding 91

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Azurity sells a hydrochloride vancomycin drug that received FDA pre-market approval.

False Advertising 45

False Advertising Law Advertising Advertising 45

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

FEBRUARY 7, 2022

Those same labels often conspicuously say “dietary supplement,” “fluoride supplement,” and include a “Supplement Facts” panel, but Method alleged that nevertheless, the market considers H-2’s products to be prescription drugs and treats them accordingly. H-2 also argued that the entire context of the label wasn’t false or misleading.

False Advertising 56

False Advertising Marketing Marketing Advertising 56

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

OCTOBER 11, 2022

Tofurky has never been the subject of enforcement action by any federal agency for marketing or labeling its products in a misleading manner. Plus, its labels and marketing materials prominently identified its products as “all vegan,” “plant based,” “vegetarian,” “veggie,” or “made with pasture raised plants” on the front of its packages.

Law 56

Law False Advertising Design Designs 56

LexBlog IP

SEPTEMBER 14, 2022

Also last year, in discussing Environmental, Social, and Governance factors (ESG), then-Acting Chair of the U.S. Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

JULY 8, 2024

This claim was based on carbon offsetting via participation in the voluntary carbon offset market. Berrin alleged that “foundational issues with the voluntary carbon offset market make it impossible to make a company carbon-neutral with the purchase of offsets.”

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

FEBRUARY 8, 2024

Under the Green Guides, “marketers can make unqualified recyclable claims” only “[w]hen recycling facilities are available to a substantial majority of consumers or communities where the item is sold.” They add that “[i]f any component significantly limits the ability to recycle the item, any recyclable claim would be deceptive.

Marketing 59

Marketing Marketing Government Design 59

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. No reasonable consumer would be misled into believing that, in the event of a global pandemic and under government shutdown orders, TCDM would remain open to deliver in-person instruction to students.”

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

OCTOBER 17, 2024

Publix Super Markets, Inc., The court imagined a hypothetical where the federal government said things to park visitors like “don’t feed the bears” and “stay on the paths” and the state then wanted to add a “don’t swim in the rivers” rule. But Bell v. 3d 468 (7th Cir. I agree, it’s a super important question!

Advertising 52

Advertising Advertising Government Law 52

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. Health-Ade LLC, F.Supp.3d 3d -, 2022 WL 562827, No.

Marketing 59

Marketing Marketing Law Branding 59

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 Design Designs 56

43(B)log

NOVEMBER 13, 2023

Martelly allegedly “promoted, marketed, advertised and sold” the Fees to the public as necessary “to finance free education for impoverished children,” knowing that wasn’t true: a program to fund free education in Haiti allegedly does not exist. Martelly, F.Supp.3d 3d -, 2023 WL 6385 (E.D.N.Y.

Advertising 45

Advertising Advertising Government Law 45

SpicyIP

MARCH 10, 2024

During the proceedings, the Court observed and penalised the Defendants for false advertising and contemptuous conduct. The Defendants’ inconsistent representation and sporadic appearance in court indicated a disregard for legal obligations.

Trademark 58

Trademark Registering Trademarks Registration False Advertising 58

43(B)log

SEPTEMBER 10, 2021

29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly labels and advertises its products as having “no preservatives” as well as being “free of artificial additives,” “non-GMO,” “healthy,” and “protein-packed.”

Marketing 45

Marketing Marketing Advertising Advertising 45

43(B)log

SEPTEMBER 17, 2021

“Here, Nextiva’s experts used regression analyses to show that traffic to RingCentral’s web pages closely coincided with reduced Nextiva sales, and that Nextiva would have to spend significant funds to correct the misimpressions that RingCentral’s pages caused in the market.”

Business 56

Business Marketing Marketing Registration 56