43(B)log

OCTOBER 29, 2021

Here, the court granted leave to amend to add a false advertising claim. One of its most popular products is a line of copper-infused compression clothing, marketed under the trademark “Copper Fit,” allegedly designed to alleviate muscle and joint soreness and pain. Nor would amendment be futile.

False Advertising 59

False Advertising Advertising Advertising Design 59

43(B)log

AUGUST 22, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. Second, the Court recognized that punitive damages are not recoverable under the Lanham Act.

False Advertising 68

False Advertising Advertising Advertising Law 68

43(B)log

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

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

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Examples included website links that presented Plaintiffs’ trademarks as identical phrases (e.g. Baxter; 996 F.3d

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

DECEMBER 15, 2023

While the statements may be presented in a small font, possible purchasers could still see them on Defendants’ website and order forms.” This wasn’t mostly a two-player market, and the allegedly false statements did not harm the entire market. On materiality, literal falsity wasn’t enough to presume materiality.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Marketing 59

Marketing Marketing False Advertising Advertising 59

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. ” Id. The Court granted Defendant’s motion for two reasons.

False Advertising 52

False Advertising Advertising Advertising Law 52

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.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising 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%.

False Advertising 64

False Advertising Marketing Marketing Advertising 64

43(B)log

OCTOBER 15, 2024

3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 24-10595-WGY (D.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

SEPTEMBER 20, 2024

16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” But Bayer’s vice president of marketing mentioned that she “would keep [the word “natural”] to test.” 22-cv-1085-MMA (JLB) (C.D.

False Advertising 52

False Advertising Advertising Advertising Branding 52

43(B)log

MARCH 14, 2023

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.

False Advertising 59

False Advertising Advertising Advertising Business 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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

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.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

AUGUST 28, 2024

15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. He allegedly “not only developed advertisements and marketing materials for BKK, but he also actively participated in sales pitches and other promotional events nationwide to sell.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

APRIL 20, 2023

Lewis didn’t allege that his payment of this referral fee injured his status in the realtor market in any way. The court commented that other realtors could have standing: To be sure, it is not difficult to imagine a potential commercial injury to realtors arising from Acuity’s allegedly false advertising.

False Advertising 72

False Advertising Advertising Advertising Business 72

43(B)log

APRIL 29, 2022

Addressing only the false advertising claim: Given that Hawrych explicitly alleged that he developed the products at issue, Lash-Global’s advertisements stating that Dr. Hawrych developed their products were not plausibly false or misleading. Thus, the false advertising claim would be dismissed.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

JANUARY 3, 2024

The court grants partial summary judgment on trademark claims but reserves some, and a false advertising claim, for trial. However, there was a factual dispute over the extent to which Peninsula’s use of sales drawings constituted advertising.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

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?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar. Prager Univ.

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JULY 15, 2024

As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Cross-examination could address any deviation from market conditions.

False Advertising 69

False Advertising Branding Branding Brands 69

43(B)log

MARCH 18, 2022

Brough Brothers claims to be the “first and, and presently, the only African-American owned bourbon distillery in the Commonwealth of Kentucky.” Fresh Bourbon counterclaimed for Lanham Act false advertising. But the Brough Brothers bourbon currently on the market does have some association with Kentucky. Coca-Cola Co.,

False Advertising 69

False Advertising Advertising Advertising Marketing 69

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

False Advertising 95

False Advertising Government Privacy Design 95

LexBlog IP

JANUARY 31, 2024

What does this mean for marketers who may be interested in producing advertising content using copyrighted works that have entered the public domain? They should closely consider whether these proposed uses present trademark and false advertising risks.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. And literally false statements presumptively cause competitors harm.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 96

Advertising Advertising False Advertising Trademark 96

43(B)log

SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. The Today Show received the highest offer from Defendant, which offered 90% of market value. The Today Show received the highest offer from Defendant, which offered 90% of market value.

False Advertising 45

False Advertising Advertising Advertising Television 45

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Brands Branding 49

43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

Advertising 52

Advertising Advertising False Advertising Design 52