43(B)log

SEPTEMBER 28, 2021

There’s nothing entailed here about Crocs falsely claiming credit for something someone else did, as there was in Baden where the allegations did at least resemble reverse passing off.] When the Supreme Court left §43(a)(1)(B) claims open in Dastar , this is the kind of thing that fits well.

False Advertising 83

False Advertising Advertising Advertising Invention 83

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 75

False Advertising Advertising Advertising Marketing 75

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.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

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)?

False Advertising 75

False Advertising Advertising Advertising Designs 75

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

False Advertising 71

False Advertising Advertising Advertising Patent 71

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview. Chapter 9: False Advertising Practice and Remedies. Price: $12. Chapter 4: Deception.

Editing 126

Editing Advertising Advertising Marketing 126

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. Exxon Mobil Corp.,

False Advertising 59

False Advertising Advertising Advertising Law 59

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.

False Advertising 80

False Advertising Advertising Advertising Marketing 80

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. Intentional interference with prospective economic advantage also survived.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

JANUARY 13, 2023

Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. But what about false advertising? The court kicked out some but not all of the claims. Dastar barred a passing off claim.

False Advertising 72

False Advertising Advertising Advertising Registration 72

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Preface Chapter 1: Overview Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter? Price: $12 * Kindle.

Editing 98

Editing Advertising Advertising Marketing 98

43(B)log

DECEMBER 22, 2023

First, the court found that the state consumer protection law claims couldn’t cover the US because it wasn’t enough to allege that “substantially similar statutes” exist in all other states is insufficient, and they only cited California and Missouri consumer protection law in the complaint. So what was the problem?

False Advertising 59

False Advertising Advertising Advertising Settlement 59

43(B)log

MAY 22, 2023

May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Hard Candy, Ltd.

False Advertising 59

False Advertising Advertising Advertising Law 59

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.

False Advertising 66

False Advertising Advertising Advertising Patent 66

JD Supra Law

JANUARY 2, 2025

Effervescent, the Federal Circuit ruled that falsely advertising 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

False Advertising 61

False Advertising Advertising Advertising Patent 61

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.

False Advertising 58

False Advertising Advertising Advertising Copyright Infringement 58

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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. So false marking as to that was adequately pled. patent law. 2024 WL 629985, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

MARCH 4, 2025

The court granted defendants motion to dismiss the state and federal false advertising claims, though other claims remain. As for the job postings, which can be commercial speech, they still werent plausibly published with the purpose of influencing consumers to buy defendants goods or services.

Advertising 52

Advertising Advertising False Advertising Confidentiality 52

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.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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.

False Advertising 73

False Advertising Social Media Advertising Advertising 73

43(B)log

FEBRUARY 26, 2024

The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.” The complaint plausibly alleged that at least some defendants knowingly evaded federal and state laws. Shalit, 110 A.D.2d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

JD Supra Law

APRIL 14, 2025

Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether brands are doing enough to maintain rights in iconic designs in an increasingly hot marketplace for vintage-inspired goods.

False Advertising 63

False Advertising Advertising Advertising Trademark 63

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 [.]

False Advertising 40

False Advertising Advertising Advertising Patent 40

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.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

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.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

43(B)log

SEPTEMBER 22, 2023

NSF certification is practically required for residential septic systems; at least 37 states have adopted its requirements into law. Unusually, but soundly, the court proceeded to analyze the Michigan common law unfair competition claim separately. Michigan common law does not rely on the words of a statute, let alone a federal one.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 131

Blogging Law Contracts Cease and Desist 131

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?;

False Advertising 116

False Advertising Social Media Inventor Advertising 116

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. State law consumer protection claims also failed because they didn’t allege harm to consumers; trademark confusion isn’t sufficient. 23-CV-5074 (JPO) (S.D.N.Y.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

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

False Advertising 49

False Advertising Advertising Advertising Trademark 49

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. For similar reasons, the common law claim fails. Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? The court rejects both claims. Or even 900+? June 8, 2022).

Privacy 144

Privacy False Advertising Contracts Advertising 144

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.” YouTube appeared first on Technology & Marketing Law Blog. ” Cites to Tiffany v. eBay and Sellify v.

Trademark 105

Trademark False Advertising Advertising Advertising 105

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.

False Advertising 64

False Advertising Advertising Advertising Business 64

43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Preface Chapter 1: Overview Chapter 2: What is an Advertisement? Chapter 3: False Advertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter? Price: $12 * Kindle.

Editing 52

Editing Advertising Advertising False Advertising 52

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. The Roundtable will cover the travel and lodging expenses for invited authors.

False Advertising 75

False Advertising Trademark Advertising Advertising 75

Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Before law school, he was a greenskeeper at a local golf course. Guest Post by Jordan Duenckel. He has an extensive background in chemistry and food science.

False Advertising 102

False Advertising Invention Advertising Advertising 102