43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. As for the contributory false advertising claim, it too was well pled. These stamps are thus unquestionably statements of the Defendants.”

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43(B)log

FEBRUARY 3, 2025

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 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. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y.

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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

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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. However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation.

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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.

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43(B)log

JULY 8, 2024

2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Abbott Laboratories, F.Supp.3d 3d -, 2024 WL 402925, No. 4014 (PAE) (S.D.N.Y. The complaint made methodological critiques of Abbott’s favored studies, which weren’t implausible.

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43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

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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. Apple appeared first on Technology & Marketing Law Blog. eBay case from 2008. Apple , and Evans v. Apple, Inc.

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43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

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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.

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43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

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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.

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Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” Despite Doe v. I share the heartbreak.

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False Advertising Social Media Publishing Advertising 105

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

CareDx’s Lanham Act claims were based on allegations that Natera falsely represented that Natera’s Prospera kidney transplant test is superior to CareDx’s Allosure Kidney test. According to CareDx, ‘[u]nder 15 U.S.C.

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43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy. BTL argued that summary judgment was inappropriate because the district court didn’t consider whether the false advertising was “malicious.”

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IP Watchdog

FEBRUARY 14, 2024

But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

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43(B)log

SEPTEMBER 6, 2021

Is that true for false advertising plaintiffs? Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site. So, is damage to the plaintiff part of the cause of action or no?

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Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. In Asurvio v. Bleeping Computer.

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Blogging False Advertising Law Advertising 145

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. And that evidence-preservation must be done in a way that it can convince a judge even if all of the relevant employees have turned over by the time of litigation. Alkutkar joined Bumble in 2016.

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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.

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Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. lululemon appeared first on Technology & Marketing Law Blog. Reyes & Adler v.

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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.

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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.

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Blogging False Advertising Litigation Marketing 105

Technology & Marketing Law Blog

JUNE 23, 2024

After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Bolger Factor 1: Advertising the first Bolger factor—whether the statements are an advertisement—to fall slightly in favor of the conclusion that the challenged designations are commercial speech.

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Law False Advertising Advertising Advertising 59

43(B)log

OCTOBER 18, 2024

The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Thus, plaintiff couldn’t show falsity for false designation of origin/false advertising. The other defendants, Hollandia, Heritage, and Saputo, supplied products to MGDH.

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43(B)log

SEPTEMBER 16, 2021

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. Here, however, none of the plaintiffs alleged a desire to “purchase Coke as advertised, that is, free from what they believe to be artificial flavors or preservatives.” II), 2021 WL 3878654, No. 20-15742 (9 th Cir. no preservatives added.

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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.

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43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.)

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Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

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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.

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43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 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. . …

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43(B)log

MAY 2, 2022

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. Litigating these complicated claims “would have undoubtedly proven difficult and consumed significant time, money, and judicial resources.”

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Copyright Lately

SEPTEMBER 29, 2024

The company claimed the ad’s use of the Crystal Castles cabinet was de minimis —too fleeting and trivial to constitute infringement—and that it was protected under the fair use doctrine, asserting that the commercial had no conceivable impact on the market for Atari’s game.

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Indiana Intellectual Property Law

JULY 16, 2021

ABI claims Defendants have used those documents relating to the Product Lines to market knockoff products. ABI claims it has attained significant goodwill throughout the United States and the world and that Defendants alleged misleading and false advertisements have caused irreparable damage to ABI’s reputation.

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43(B)log

OCTOBER 7, 2021

Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty.

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43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. Alcon also allegedly sells a significant number of lenses overseas that are not FDA-compliant, rendering its product packaging for such lenses false and misleading to consumers, including Lens.com. Alcon Vision, LLC v. Lens.com, Inc.,

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43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Its cancellation petition for Zenú has been suspended during this litigation. In light of the size of the food market, that’s a bit hard to credit.

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