43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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. Defendant BPM.com reported on the BPM industry. Previous discussion.)

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. 17-cv-7394 (LJL) (S.D.N.Y.

Advertising 80

Advertising Advertising False Advertising Marketing 80

BYU Copyright Blog

APRIL 25, 2022

Our last report on this case detailed the Second Amended Complaint that Columbia University ("Columbia") filed against the Encyclopaedia Iranica Foundation ("EIF") in early 2021. March 2, 2022, EIF filed an Answer to the Second Amended Complaint.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

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.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

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.,

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

APRIL 17, 2023

In other timeshare exit cases, including cases against these defendants, the plaintiffs presented evidence of materiality, including an expert report. Only one found defendants through the website on which they hosted the allegedly false and misleading advertisements. Here, those factors weighed in favor of such recovery.

False Advertising 59

False Advertising Litigation Advertising Advertising 59

Technology & Marketing Law Blog

JULY 25, 2021

For more on this, see my expert report in the Larsen v. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Thus, Google’s prompt dispels consumer confusion, not exacerbates it.

Advertising 111

Advertising Advertising Settlement Trademark 111

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex.

Advertising 45

Advertising Advertising Social Media False Advertising 45

43(B)log

APRIL 27, 2022

That PG&E employee asserted his Fifth Amendment rights in this litigation and refused to be deposed, which does raise some eyebrows. 3) Reliaguard allegedly provided PG&E a doctored test report falsely suggesting that Eco’s ECC-2 cutout cover was not flame resistant.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

SEPTEMBER 5, 2023

The University issued a report concluding two of the five BRBs did not satisfy American Institute of Steel Construction (AISC) 341-10 requirements. The report stated, “Further development is required for improving these two BRB types.” Plaintiffs also publicized the resulting lawsuit among customers, which triggered counterclaims.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

MAY 2, 2022

Given the risks of litigation—including the nontrivial risk of losing at trial, as similar claims had done elsewhere (with the competing product Prevagen, for example, the jury was hung and the court decertified the class)—the magistrate recommended finding that settlement was fair, despite some objections, including from Truth in Advertising, Inc.

Settlement 118

Settlement Advertising Advertising Marketing 118

43(B)log

JULY 1, 2024

at 2, The article has been described as “groundbreaking,” with “widespread influence” on nationwide litigation in which plaintiffs allege that exposure to cosmetic talcum powder caused their mesothelioma. She allegedly “made a career” as a paid expert testifying on behalf of plaintiffs in asbestos litigation over the course of twenty years.

Journalism 64

Journalism False Advertising Publishing Litigation 64

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. And their expert report was not good.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

MAY 19, 2023

In re Natera Prenatal Testing Litig., In another false advertising case challenging the undisclosed presence of child and slave labor in the supply chain, the Ninth Circuit rejected the existence of any duty to disclose because “the labor practices in question. 22-cv-00985-JST, 2023 WL 3370737, -- F.

Advertising 52

Advertising Advertising False Advertising Law 52

43(B)log

AUGUST 31, 2021

Compared to the “rigorous” approval process for prescription-drug labels, the TTB process “hinges on self reporting” and reflects only the representations made to it by the distributor, not an endorsement of those claims. Thus, “a geographic reference on a wine label is understood to be an assertion about the origin of the product.”

Graphic Design 56

Graphic Design Government Designs Design 56

43(B)log

SEPTEMBER 20, 2022

In re Kind LLC “Healthy and All Natural” Litig., Nor did plaintiffs’ survey report provide a way to define a reasonable consumer’s understanding of “All Natural,” because the court excluded it. 2022 WL 4125065, 15-MD-2645 (NRB), 15-MC-2645 (NRB) (S.D.N.Y. Previously, the court allowed NY, Florida, and California classes to proceed.

Litigation 59

Litigation Contracts False Advertising Reporting 59

Technology & Marketing Law Blog

FEBRUARY 12, 2023

It’s a standard litigation dilemma: do you advance every possible claim that is remotely possible, or do you focus the claims on just the strongest ones so you don’t dilute or distract from those with tenuous claims? As it turns out, the court categorically sidesteps 230, so Snapchat ends up litigating each claim anyway.

False Advertising 105

False Advertising Litigation Law Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Also, product shots have been a constant source of copyright litigation. eBay rejected.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 8, 2024

In 2020, the plaintiff learned that “Defendant was using Plaintiff’s Marks in online tamale advertisements and in Google AdWords, which placed Defendant’s products above Plaintiff’s products in search results for the phrase ‘Texas Tamale.'” ” That prompted this litigation. ” Uh oh. WorkshopX Inc.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. The Second Circuit says, unambiguously, that “the mere act of purchasing a search engine keyword that is a competitor’s trademark does not alone, in the context of keyword search advertising, constitute trademark infringement.”

Advertising 98

Advertising Advertising Trademark False Advertising 98

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 9, 2021

Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context. Does its awareness of the stay mean that its false advertising violates the automatic stay? In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

MARCH 28, 2025

[Gotta say, if we had a working FTC, this would be the kind of thing that the FTC considers deceptive, though it might well leave the parties to private remedies given their incentives to litigate and the lack of direct sales from the website.] It also sued Papaya for false advertising about lack of bots.

False Advertising 52

False Advertising Advertising Advertising Editing 52

43(B)log

DECEMBER 31, 2024

In re Theos Dark Chocolate Litigation, 2024 WL 4336631, No. This was not a claim of failure to warn under Proposition 65, but an independent false advertising claim. 23-cv-02739-HSG, F.Supp.3d Nor did a consent judgment entered into under Californias Proposition 65 with several chocolate manufacturers bar the claims.

False Advertising 52

False Advertising Advertising Advertising Law 52

LexBlog IP

MARCH 1, 2022

For instance, during the Trump presidency, then-California Attorney General Xavier Becerra sued the federal government more than 110 times, spending tens of millions of dollars on litigation on a wide variety of issues spanning immigration, voting rights and climate change, among others. Mexico border. Takeaway No. Takeaway No.

Privacy 52

Privacy Social Media Advertising Advertising 52

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75