This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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. 1125(a)(1)(B) (Section 43 of the Lanham Act). See Zenith Elecs.
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.
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.,
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.
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.
Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.
Skillz sued its competitor Papaya, alleging falseadvertising under federal and state law. Skillz allegedly markets its games as being uniquely fair and trustworthy with a badge indicating it is Committed to Fair Play and a claim that it will [m]atch [users] with real players of equal skill in its games. Skillz Platform Inc.
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
Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.
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
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.
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. This isn’t a false statement of origin (but what about character or qualities?)
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 falseadvertising against a competitor in a similar market is not unusual behavior.”
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 label also includes a cartoon giraffe next to, and exceeding the height of, a cartoon ruler.
In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-falseadvertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.
References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.”
We usually get ours at the local farmers market.] ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet
Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Here, Diamond sued both the marketers who seek exit clients and also the lawyers who worked with them. Regardless of which standard applied, Diamond successfully alleged contributory falseadvertising. Collection Development, LLC v.
I’m only going to discuss the false association/falseadvertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act falseadvertising. The false association/coordinate state law claims survived.
11, 2025) This discovery dispute says some interesting things about gray market goods. For the purposes of falseadvertising claims, the issue that the parties must address is whether there are material differences between the products, not why any such differences may exist. Toyota Motor Sales, U.S.A., 22-cv-1681 (KMM/JFD) (D.
He then sued the court document repository websites (and other defendants) for defamation, falseadvertising, and more. He too sought to suppress references to the proceeding; that too failed. Microsoft appeared first on Technology & Marketing Law Blog. In 2020, Medina got the disclosures from the 2014 case sealed.
It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. There was no evidence that consumers viewed the term “good meat” as referring a single source: that is, GMP.
Each log entry includes the date of the call and the caller’s name, as well as a column labeled “[w]hat they said referred by.” Assuming each of the 236 references to Lerner & Rowe in the call logs is a confused consumer, the court says that means only about 0.2% clickthrough rate. LoanStreet v. Reyes & Adler v.
This is a falseadvertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” appeared first on Technology & Marketing Law Blog.
In characterizing Section 230, every reference to “immunize” is changed to “‘protect.” The prior opinion contained two references to Section 230 as “broad.” Courts have rejected Section 230 defenses against claims for falseadvertising, deceptive trade practices, and tortious interference.
But even if the Court afforded the “thanks” portion of the caption no promotional value, the remainder clearly promotes the Defendants by referring to MedSpa as “the number one med spa” and associating it with a “#celeb” and “#vip.”. If the clinic is falsely claiming that he is, that’s falseadvertising and possibly defamation.
He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for falseadvertising. Second, the text of the blocker card included both a call-to-action (could have been better, but OK) and reference to the arbitration clause. Alkutkar used the dating app Bumble. Bumble, Inc.
This was allegedly still false and misleading, and First Databank allegedly falselyadvertised that it “compile[s]” the relevant information in its database and for its coding determinations from the FDA and from manufacturers, such as Alfasigma. Rather, the database itself is Defendant’s product.”
12, 2022) The parties compete in the market for wood protection products. Moreover, an ad on a public Facebook page that referred customers to the data sheet was a commercial advertisement within the meaning of the Lanham Act; it was intended to bolster sales and was “sufficiently disseminated” to fall within §43(a)(1)(A).
The asterisk following “dermatitis” referred to this statement: “*the most common allergy in infancy. Although Gerber referred to the qualified health claim determination in its ads, it didn’t use any of the approved versions. A]dvertisements that reframe critiques of a product as praise can constitute falseadvertising.”
Fresh Bourbon allegedly falselyadvertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,
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 FalseAdvertising (Huh?)–LoanStreet
.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.
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.
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 falseadvertising claim.
Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.
Portkey sued for unfair competition/reverse passing off, falseadvertising, and trademark infringement under the Lanham Act, as well as related state-law claims. In 2022, the relationship dissolved; Portkey objected to Venkateswaran’s alleged references to Portkey and its asserted trademarks since 2022.
The term refers to the usage of aspects of environmental protection in their trademarks and logos, overstating their commitment towards the cause, as a means of deceiving people into purchasing their products and services. The objective is to mislead the consumers knowing well the marketability of this concept.
Plaintiffs allegedly saw the representations on the “product labels and otherwise” on Amazon’s site and believed “that the [p]roducts harbored therapeutic value, and/or they and the marketing claims were reviewed and approved by the FDA.” The disclaimer shall be set off in a box where it is not adjacent to the statement in question.”
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.” Thus, any falseadvertising claim would lie against Albaum, not [directly] against ChromaDex. It was also first to market.)
26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”
First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” There, the court similarly whittled down the number of references in the call logs for various reasons and also used a potentially dubious denominator.]
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.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content