43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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. False advertising: the jury found for Select Comfort on seven false advertising claims and for defendants on the remaining eight, awarding about $160,000 in disgorgement and nothing on lost profits.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

APRIL 25, 2022

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

SEPTEMBER 17, 2021

16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

43(B)log

APRIL 26, 2023

25 2023) Previous district court opinion allowing Lanham Act false advertising 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 false advertising—all within two months.” TocMail, Inc.

False Advertising 59

False Advertising Advertising Advertising IP 59

SpicyIP

JANUARY 30, 2024

They have sued rival restaurant chain Daryaganj for falsely taking credit for the creation of butter chicken. As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” News reports (of which there are several!

False Advertising 116

False Advertising Social Media Inventor Advertising 116

43(B)log

FEBRUARY 16, 2024

12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

DECEMBER 18, 2023

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 false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

MARCH 14, 2023

FedEx also points to a report by a business analyst based on data “for 100 ISP businesses. The press picked up on Route Consultant’s agitations and began reporting on “tension” and a “burgeoning feud” between FedEx and its CSPs. For falsity, FedEx pled that (1) its CSPs “earn average annual revenue of approximately $2.3

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

AUGUST 16, 2021

11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. First, the court rejected the argument that Rule 9(b) applied to the false advertising claims.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

Advertising 72

Advertising Advertising Branding Branding 72

43(B)log

FEBRUARY 6, 2023

False advertising cases focusing on fake/undisclosed affiliate review sites accused Regal Assets of misconduct. As the Daily Beast reports , Regal's founder, and a whole lot of customer investments, have now disappeared.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

TorrentFreak

DECEMBER 27, 2021

The suit also included a claim of false advertising after Online2LiveStream transformed itself into a scam site, offering events in exchange for credit card details but failing to deliver. On September 17, the court issued a minute order directing Triller to file either a proof of service or a status report by December 17, 2021.

Due Diligence 143

Due Diligence False Advertising Copyright Infringement Copyright 143

Technology & Marketing Law Blog

JUNE 10, 2022

HDR offers “strategic communications” services to their clients, which includes monitoring and reporting on community sentiment/conversations about their projects. Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising?

Privacy 144

Privacy False Advertising Contracts Advertising 144

43(B)log

DECEMBER 15, 2023

July 25, 2014), report and recommendation adopted, No. 15, 2014), involved allegations that the defendants falsely claimed on their websites that they were the “first to create content fingerprinting technology,” and that competitors are using “borrowed” technology. Comment: “First printing” might therefore be different.)

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

IP Law 360

SEPTEMBER 20, 2022

on Tuesday in its defense of false advertising claims brought by Monster Energy Co., denying Vital's motion to introduce a report previously ruled inadmissible after finding Monster did not "open the door" during its case-in-chief of the ongoing trial. A California federal judge delivered a blow to Vital Pharmaceuticals Inc.

Reporting 40

Reporting False Advertising Advertising Advertising 40

IP Law 360

AUGUST 14, 2024

A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.

False Advertising 52

False Advertising Advertising Advertising Brands 52

IP Law 360

AUGUST 31, 2022

Vital Pharmaceuticals slapped Monster with an unfair competition suit Wednesday in Florida federal court even as its rival's false advertising trial proceeds against it in California, asserting that Monster is ignoring reports of "hazardous" ingredients and engaging in "trademark bullying."

False Advertising 52

False Advertising Advertising Advertising Reporting 52

43(B)log

JUNE 19, 2023

14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. As you might expect from these preliminaries, Red Points reported two of Unlimited’s listings on eBay as infringing and counterfeit.

False Advertising 53

False Advertising Advertising Advertising Reporting 53

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 29, 2024

As for inadequate data, his report was “at base a literature review” considering 20 peer-reviewed publications of infant trials; he identified four studies as high quality. A]dvertisements that reframe critiques of a product as praise can constitute false advertising.” He could be impeached with his relationship with Gerber.

False Advertising 104

False Advertising Advertising Advertising Reporting 104

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

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

FEBRUARY 17, 2022

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. There’s a difference between a statement about product benefits made by Consumer Reports and the same statement by a person with an economic motive who also displayed a banner, “Buy This Product.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

FEBRUARY 12, 2023

” Misrepresentations The plaintiffs claim Snapchat falsely advertised procedures to report threats. The plaintiffs claim Snapchat falsely advertised it works with law enforcement. The court says the victims indeed used such systems.

False Advertising 105

False Advertising Litigation Law Advertising 105

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes!

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Technology & Marketing Law Blog

JUNE 8, 2024

June 26, 2019), report and recommendation adopted, No. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 129

Trademark Advertising Advertising False Advertising 129

43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. Lanham Act false advertising counterclaim: IDT argued that, at most, its “Made in USA” statements were ambiguous. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

The IPKat

JUNE 13, 2022

Despite the hype, it is a niche market, and purchasers are just as often speculative investors as they are fans or collectors. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

JANUARY 26, 2024

Flyers As shown above, these flyers advertised the IPTV streaming service as an “Authorized Retailer” for Dish and Sling, which people could “WATCH FOR $7/mo.” This amounts to false advertising and misuse of the Dish and Sling trademarks, the complaint notes.

Cease and Desist 117

Cease and Desist False Advertising Advertising Advertising 117

43(B)log

DECEMBER 20, 2023

Codefendant Lienau allegedly assists clients with removing fraudulent products from Amazon’s website, and reported CDC to Amazon for selling counterfeits. It alleged that Lienau filed the reports for anticompetitive reasons after defendants suspected or confirmed the products were genuine.

False Advertising 64

False Advertising Advertising Advertising Trademark 64

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

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

AUGUST 20, 2021

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. In re KIND LLC “Healthy and All Natural” Litig.,

False Advertising 45

False Advertising Advertising Advertising Litigation 45

43(B)log

SEPTEMBER 20, 2021

Thus, the plaintiff was not going to get a preliminary injunction against its competitor for falsely advertising 6% nicotine content. All nicotine degrades with time, so all e-cigarette products contain different amounts of nicotine than reported. It brought state and federal false advertising claims.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 45

False Advertising Contracts Advertising Advertising 45