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Dawgs’ (“Dawgs”) counterclaim for falseadvertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for falseadvertising under the Lanham Act. Crocs largely prevailed in those actions. See Zenith Elecs. Exzec, Inc. , 3d 1340 (Fed.
Among these ads and messages, some may be useful in building the public’s confidence and marketing effective products to consumers, but some may mislead and deceive desperate consumers into buying treatments and products without any scientific support.
In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act falseadvertising claim survived.
So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?
Also, in “other cases, the threat of future harm may be the consumer’s plausible allegations that she might purchase the product in the future, despite the fact it was once marred by falseadvertising or labeling, as she may reasonably, but incorrectly, assume the product was improved.”
Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for falseadvertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. A presumption of injury began in the Second Circuit for comparative advertising. Heartwise, Inc.,
But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a falseadvertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP
14, 2021) Dawgs alleged that Crocs falselymarketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Crocs, Inc. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.
Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” “Plaintiff does not allege that any of the products that purportedly contain falseadvertising use its marks “Planet Green” or “Doorstepink.”
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: FalseAdvertising Overview. Chapter 9: FalseAdvertising Practice and Remedies. Price: $12. Chapter 4: Deception.
17, 2023) Another entry in the “courts treat Lanham Act falseadvertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for falseadvertising. Nor did significant sales growth linked to the marketing campaign at issue. Natera, Inc.,
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: FalseAdvertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter? Price: $12 * Kindle.
26, 2024) The parties compete in the hand-held gardening tool market. Fiskars alleged that Woodland engaged in falseadvertising when it described its Regular Duty Bypass Pruner as “designed in the USA” because Woodland actually copied Fiskars’s version of the tool—which would mean that Woodland did not design its tools at all.
Brough Brothers alleged that Fresh Bourbon falselyadvertised that Fresh Bourbon is the first black-owned bourbon distillery in Kentucky, and made other related claims. Thus, the actual statement wasnt literally false, given the Senate resolution, even if the resolution was drafted by Fresh Bourbons representatives.
It didn’t get a chance to decide the falseadvertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which falseadvertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.
22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to falseadvertising difficult.
8, 2023) When does TM logic creep into falseadvertising cases? Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product. Faire Wholesale, Inc. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D. Faire sued Tundra, which makes a comparison tool.
TFL’s website allegedly provides a variety “Affiliate Marketing Resources,” and its marketing director’s LinkedIn profile states that his duties include “Run[ning] and monitor[ing] marketing campaigns.” They allegedly “directly run” ad campaigns for their clients, including Beyond Global.
12, 2023) Following a large verdict for Monster on falseadvertising claims, this opinion discusses extensively the requirements for injunctive relief in falseadvertising cases. Are lost prospective customers and market share purely economic harms? So too with lost market share. and] expects to complete.
January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no falseadvertising under the Lanham Act and to take away the jury’s award of punitive damages. The Court granted Defendant’s motion for two reasons. A copy of the Memorandum Opinion is attached.
As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even falseadvertising as a category. So what was the problem? Does that mean every cy pres recipient has to be newly created?
Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in falseadvertising under the Lanham Act, unfair competition, and violations of the IUDTPA. Also, a company’s belief that its advertising is important and profitable “is not evidence that the advertising actually had that effect.”
Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” Boston Suburban registered the domain name “logan-car-service.com.”
Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) falseadvertising and misrepresentation. Falseadvertising: Only ok against Kitchen Cube.
The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. There was also no copyright preemption.
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act falseadvertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. 1, 2017 to Apr.
25 2023) Previous district court opinion allowing Lanham Act falseadvertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) TocMail launched its IP-evasion product, got a patent, and then sued Microsoft for falseadvertising—all within two months.” TocMail, Inc.
7, 2022) The court upheld a contempt finding based on an underlying falseadvertising 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
Block argued that comparing the two was not misleading and that these putative differences were marketing gimmicks that werent significantly different; the vast majority of TT Live Assisted consumers, it said, didnt get an expert final review, since they must take proactive steps to prompt the review process.
Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. First, the marketing was commercial speech: “NO FFL Required!” came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. It was not. Shalit, 110 A.D.2d
The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.
2, 2024) Noriega alleged that Abbott’s PediaSure falselyadvertised 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.
12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly falseadvertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation.
15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its falseadvertising, trademark, and copyright claims. (It
InterNACHI argued that ASHI’s tagline constituted Lanham Act falseadvertising because it portrays ASHI’s entire membership as being educated, tested, verified, and certified, even though its membership includes so-called “novice” inspectors who have yet to complete training or become certified.
Because Eli Lilly places patient safety at the forefront, the company has been alarmed by the dangers of Totality Medispa’s products being falselymarketed as FDA-approved tirzepatide, Mounjaro®, or Zepbound®. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.
“But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falselyadvertised? Plaintiff was required to plead falseadvertising with specificity, then prove it.” It only did so with evidence as to B07ZH6PVD4.
The falseadvertising 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.
Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. The court declined to dismiss the counterclaims.
Ultra Bond alleged that Safelite violated the Lanham Act by falselyadvertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.
The result is that FedEx routes are, as a practical matter, intangible commodities traded on a competitive market and subject to price fluctuation based on the actual or perceived value of each individual route.
11, 2021) Another timeshare versus timeshare exit falseadvertising case. Marketing Defendants allegedly falselyadvertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants.
Lanham Act and state unfair competition law: Although Geomatrix alleged disparagement, it failed to describe what “independent harm” occurred in the market or how defendants’ actions actually “influenc[ed] consumers’ purchasing decisions.” This allegedly harmed Geomatrix’s business.
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: FalseAdvertising Overview Chapter 4: Deception Chapter 5: Which Facts Matter? Price: $12 * Kindle.
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