False Advertising Litigation Settlement 
43(B)log
AUGUST 27, 2021
After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” As for the contributory false advertising claim, it too was well pled. Plaintiffs brought negligence and Lanham Act claims.
43(B)log
MAY 2, 2022
15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.
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Technology & Marketing Law Blog
JULY 25, 2021
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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.
43(B)log
DECEMBER 16, 2022
15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.
Copyright Lately
SEPTEMBER 29, 2024
The judge dismissed the business disparagement, false advertising, unfair competition, and unjust enrichment claims. Whether State Farm will settle this dispute or continue to litigate remains to be seen. Other Claims: Dismissed The court was less forgiving when it came to Atari’s other claims.
43(B)log
APRIL 17, 2023
Moreover, the Court’s finding as to the first two elements had little to do with the strength of Plaintiffs’ litigation position.” Thus, this case was exceptional because it “stands out from others with respect to the substantive strength of the party’s litigating position” and in “the unreasonable manner in which the case was litigated.”
IP Watchdog
JULY 25, 2023
The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.
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