43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. C21-312 TSZ, 2021 WL 3930694 (W.D. NAR “is the nation’s largest trade association for real estate professionals.”

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. citing Hustler v.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Alfasigma broke the link to the letter when ExeGi informed it of that fact. Also, for civil contempt, the court accepted “informational harms not connected to any specific monetary loss,” including consumer confusion. De Simone v.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

AUGUST 11, 2021

UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Although in the copyright decision, the court made reference to “rather surprising oversights,” UpCodes corrected issues when notified by ICC.

False Advertising 64

False Advertising Copying Advertising Advertising 64

43(B)log

APRIL 25, 2022

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. This letter can be shared with clients, sales groups, inspectors, or others that are in need of this information.”

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

NOVEMBER 19, 2021

That the producer defrauded consumers is of no moment for antidumping purposes, as the Department lacks jurisdiction to police false advertising violations. But most, if not all, of its promotional, advertising, and sales materials characterized its products as manufactured with maple, a higher-grade and more expensive wood than birch.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 28, 2021

Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

SEPTEMBER 16, 2021

PureThink is a software and information technology consulting company that specializes in supporting agencies within the U.S. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Eventually, they released Neo4j EE version 3.5 under a commercial license only. Government.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

OCTOBER 9, 2023

Defendants allegedly distributed the false advertisement to Cap Export’s online sales partners—including Amazon, Walmart, and Wayfair—which caused a decrease in Cap Export’s product ranking and sales, through Google Ads, and through a press release published in July 2019 on the Business Insider website.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

MARCH 14, 2023

Route Consultant allegedly holds itself out as offering CSPs (and aspiring CSPs) advice and information regarding “acquisition strategy, business valuations, operations, efficiency, post-close support, [and] compliance review.” Together they are known as CSPs, contracted service providers.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JUNE 30, 2022

It links to other webpages that include information about “court cases involving the Modesto ULC that pre-date the founding of ULC Monastery,” thus generating the alleged falsity. The AMM Legal website purports to answer “questions about getting ordained online to perform weddings.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

FEBRUARY 16, 2023

8, 2023) Chen alleged that Sur La Table violated the Washington Commercial Electronic Mail Act (CEMA) and the Washington Consumer Protection Act (CPA) by transmitting at least 22 commercial emails with purportedly false or misleading information in their subject lines.

False Advertising 45

False Advertising Advertising Advertising Law 45

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? It communicates information, expresses opinion, recites the grievances of others, and encourages dialogue on matters of public concern.” Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D.

False Advertising 60

False Advertising Advertising Advertising Marketing 60

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. NutriSearch Corp., 3d 1107 (9th Cir.

False Advertising 72

False Advertising Advertising Advertising Designs 72

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.

False Advertising 75

False Advertising Trademark Advertising Advertising 75

43(B)log

JUNE 26, 2023

Each side alleged false advertising by the other, primarily that each falsely advertised their products as containing enteric coating, which protects an enzyme from the stomach’s acidic environment and preserves its activity until it reaches the small intestine. I’d have gone for falsity by necessary implication, myself.)

False Advertising 64

False Advertising Advertising Advertising Business 64

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

False Advertising 45

False Advertising Advertising Advertising Publishing 45

43(B)log

AUGUST 16, 2021

11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. First, the court rejected the argument that Rule 9(b) applied to the false advertising claims.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

TorrentFreak

DECEMBER 27, 2021

The suit also included a claim of false advertising after Online2LiveStream transformed itself into a scam site, offering events in exchange for credit card details but failing to deliver. Triller informed the court that it had experienced problems serving the defendant as they believe he resides in Bangladesh.

Due Diligence 143

Due Diligence False Advertising Copyright Infringement Copyright 143

Patently-O

FEBRUARY 12, 2023

1125(a)(1) for misrepresentation of sponsorship (False Advertising + False Association). Most recently, plaintiffs filed a motion to quash a subpoena seeking information on exactly how the attorneys “discovered, came across, learned of, and/or otherwise became aware of” the advertisements. Defamation.

Privacy 119

Privacy False Advertising Advertising Advertising 119

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? it might very well want to deploy more visible disclosures informing users what “private” means and doesn’t mean.

Privacy 144

Privacy False Advertising Contracts Advertising 144

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

And plaintiffs’ allegations do not establish that Apple created the Toast Plus app; rather, it was created by another information content provider and thus meets the third prong of the Barnes test. False Advertising. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation. .”

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

SEPTEMBER 30, 2021

Contributory false advertising under the Lanham Act: The Ninth Circuit has held that for contributory liability, “a defendant must have (1) ‘intentionally induced’ the primary infringer to infringe, or (2) continued to supply an infringing product to an infringer with knowledge that the infringer is mislabeling the particular product supplied.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

MARCH 21, 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.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

FEBRUARY 26, 2024

As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification. 2U argued that, since it didn’t knowingly provide false data, this reasoning didn’t apply to it. As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

Advertising 59

Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” [Just wait until other countries require the equivalent from US-based online sellers on foreign marketplaces.

Trademark 144

Trademark False Advertising Advertising Advertising 144

43(B)log

MARCH 22, 2023

We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

Trademark 78

Trademark False Advertising Advertising Advertising 78

43(B)log

SEPTEMBER 20, 2024

One information bar is yellowish/gold and the other information bar is silver. A product name is placed between the pentagon design and the information bars. 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 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

AUGUST 20, 2021

People in the industry use subscription pharmaceutical drug information databases to fulfill prescriptions and determine whether generic substitutes are available for brand named products. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59