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.’” Not all marketing of artistic works is noncommercial speech. There was also no copyright preemption.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

NOVEMBER 19, 2021

to take note: Commerce’s investigation revealed that a Chinese producer markets and sells its wooden cabinets in the United States as maple even though they are made of birch, a less costly grade of wood. Normal value” is generally “the price a producer charges in its home market.” market to the detriment of domestic industry.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

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

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

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

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.

False Advertising 64

False Advertising Marketing Marketing Advertising 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 59

False Advertising Advertising Advertising Publishing 59

43(B)log

MARCH 14, 2023

The result is that FedEx routes are, as a practical matter, intangible commodities traded on a competitive market and subject to price fluctuation based on the actual or perceived value of each individual route. The only information that FedEx has pleaded about margins was based on a sample of 100 ISPs, not on the “average” CSP.

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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Church even describes LumberKote as “a fine product” that, “like everything” on the market, “is only as good as it’s installed.” 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

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. 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

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

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

OCTOBER 17, 2024

Plaintiffs allegedly saw the representations on the “product labels and otherwise” on Amazon’s site and believed “that the [p]roducts harbored therapeutic value, and/or they and the marketing claims were reviewed and approved by the FDA.”

Marketing 59

Marketing Marketing Law Business 59

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

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

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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 59

False Advertising Marketing Marketing Advertising 59

43(B)log

SEPTEMBER 30, 2021

Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. Regardless of which standard applied, Diamond successfully alleged contributory false advertising. Diamond Resorts U.S. Collection Development, LLC v.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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. This opinion considered only the marketing defendants.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

43(B)log

DECEMBER 16, 2022

One of TAMB’s subsidiaries employed defendant Roup for six years as a trainer and Roup signed an NDA covering “nonpublic business and operation information, training materials and manuals, and transcribed methods. including those comprising the TA Method’s proprietary choreography movements.” [Not

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

AUGUST 28, 2024

15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. What about “commercial advertising or promotion”? Nephron objected that Pacira didn’t define the relevant market or allege to whom the presentations were disseminated.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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 Design 72

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MAY 8, 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 72

Trademark False Advertising Advertising Advertising 72

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

AUGUST 27, 2024

PNC interface, L; Plaid connection interface with PNC logo, R sample Plaid bank selection workflow PNC alleged that Plaid infringed its trademarks by replicating the authentic PNC log-on screen to get them to provide private financial information, allowing Plaid to collect their data. Counterfeiting is probably the most eye-opening charge.

Advertising 52

Advertising Advertising False Advertising Design 52

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. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

APRIL 29, 2022

Addressing only the false advertising claim: Given that Hawrych explicitly alleged that he developed the products at issue, Lash-Global’s advertisements stating that Dr. Hawrych developed their products were not plausibly false or misleading. Thus, the false advertising claim would be dismissed.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

Technology & Marketing Law Blog

JUNE 5, 2023

“After Mr. Ynfante divulged his account information to the scam helpline, the scammers made purchases on behalf of Mr. Ynfante and gained access to sensitive personal information such as his home address and Social Security number.” Google appeared first on Technology & Marketing Law Blog. Google LLC , 2023 U.S.

Advertising 59

Advertising Advertising False Advertising Publishing 59

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45