43(B)log

MARCH 4, 2022

2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. It sells compounds/licenses its technology for use in sports nutrition supplements, while BPI produces its own dietary supplements.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

SEPTEMBER 16, 2021

Neo4j Enterprise Edition was originally offered under both a paid-for commercial license and the free GNU Affero General Public License, version 3, but Neo4j then replaced that AGPL with a stricter license (the Sweden license), which prohibited the non-paying public from engaging in commercial resale and certain commercial support services.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

OCTOBER 11, 2022

False advertising: Beyond the use of the mark, Boston Suburban allegedly took customer reviews from Boston Carriage and assigned fictitious names to the customers when it copied the reviews onto the “copycat” website. But as a non-exclusive licensee, it couldn’t alone bring a claim of conversion, which requires a right of possession.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

AUGUST 27, 2021

Plaintiffs allegd both direct and contributory false advertising, which requires (1) that the “third party in fact directly engaged in false advertising that injured the plaintiff” and (2) “that the defendant contributed to that conduct either by knowingly inducing, or causing the conduct, or by materially participating in it.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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. The medical board’s license is its statement even if the doctor is the one who frames it and displays it on their wall.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. brewer works only with Keurig brand or licensed pods) but some did not (e.g., I prefer the taste of Keurig or Keurig-licensed brands.).

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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

MARCH 21, 2024

15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.

Licensing 114

Licensing Contracts Ownership Litigation 114

The IP Law Blog

NOVEMBER 4, 2021

Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. For one, New York’s false advertising law provide potential damages of $500 per instance of false advertising.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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. De Simone then split from VSL, which eventually lost the license for the De Simone Formulation and attempted to reverse engineer it/replace it.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

AUGUST 11, 2021

I]ts primary funding source is the sale and licensing of publications containing its copyrighted works.” UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. It sells I-Codes and Custom Codes through its online store, along with access to additional features through its premiumACCESS tool. “[I]ts

False Advertising 64

False Advertising Copying Advertising Advertising 64

LexBlog IP

NOVEMBER 4, 2021

.” Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. The suit could have major implications for Apple, as well as other streamers using similar terminology.

False Advertising 52

False Advertising Advertising Advertising Licensing 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

43(B)log

FEBRUARY 26, 2024

Defendants who had federal firearms licenses had access to, but did not use, the National Instant Criminal Background Check System before selling unfinished frames and receivers to New York consumers, while some defendants weren’t licensed to sell firearms at all.

False Advertising 59

False Advertising Advertising Advertising Marketing 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

AUGUST 23, 2021

15, 2021) ThermoLife got a significant success in this appeal of the dismissal of its false patent marking, false advertising, and unfair competition claims. And it alleged proximate cause by alleging that its nitrates directly compete with Compound’s falsely advertised VASO6. Compound Solutions, Inc.,

False Advertising 59

False Advertising Advertising Advertising Invention 59

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. This also got rid of the breach of contract claim, which was based on the alleged trademark infringement and false advertising.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JANUARY 27, 2023

26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising. 2022 WL 18399950, No.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation. eBay case from 2008.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

OCTOBER 11, 2023

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

Licensing 49

Licensing False Advertising Advertising Advertising 49

Patently-O

FEBRUARY 12, 2023

But, modeling agreements also regularly include limited licenses regarding how (and for how long) the images will be used. 1125(a)(1) for misrepresentation of sponsorship (False Advertising + False Association). In Gibson , the plaintiffs have sued under both the Lanham Act and N.C.

Privacy 119

Privacy False Advertising Advertising Advertising 119

43(B)log

MARCH 18, 2022

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

SEPTEMBER 20, 2021

Along with copyright claims, McCleese asserted Lanham Act false advertising claims. The complaint didn’t allege how his position in the marketplace was harmed in any way; he even alleged that he “does not license his photos for any commercial purpose, does not sell copies of his photos, and his photos are unpublished.”

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

OCTOBER 12, 2022

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. Creager never attempted to license the images or otherwise value them, other than to testify that no amount of money would justify licensing to a competitor for this type of ad.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.

False Advertising 71

False Advertising Advertising Advertising Government 71

43(B)log

APRIL 29, 2022

However, Von Berg allegedly sold Nutra-Luxe to Lash HoldCo, LLC without notice or compensation to Hawrych without paying him, at which point Hawrych revoked permissions and licenses that he had granted Defendants for the use of his name, image, and trademark. Thus, the false advertising claim would be dismissed.

False Advertising 45

False Advertising Advertising Advertising Registering Trademarks 45

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” Google, Inc. , 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

The IP Law Blog

DECEMBER 29, 2023

In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

43(B)log

SEPTEMBER 14, 2021

I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. ICON counterclaimed that Peloton has made false claims in advertisements regarding its status as an innovator and as a tech company, e.g., that it was a “very hardcore technology company. These claims did survive.

Music 45

Music False Advertising Advertising Advertising 45

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

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir. 3d 1300 (Fed.

False Advertising 45

False Advertising Advertising Advertising Licensing 45