Category Archives: Advertising Law

Advertising law news articles, reiews, notes and blog examples.

Apple's misleading use of "episode" to describe promo clips could lead to liability (w/o its contract)

Zaragoza v. Apple Inc., 2019 WL 1171161, No. 18-cv-06139-PJH (N.D. Cal. Mar. 13, 2019)Plaintiffs sued Apple for how it sells TV seasons on its iTunes store. The home page for each season “provides general information about the season and three purchasing options,” which include buying individual episodes, buying an existing full season, and buying all current and future episodes of an as-yet-to-be-completed season (Season Pass). Apple represents the number of “Episodes” available in a season on each season’s home page, with individual video clips in a horizontally scrolling list along the bottom, with cost information and text along with a thumbnail image. Plaintiffs alleged that Apple delivers fewer than the advertised number of episodes with its “Buy Season” or “Season Pass” options, because Apple counts both promotional videos and what consumers allegedly understand the word “episode” to mean—plot-based….. To continue reading this legal news please click Read full information...

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court, while uncomfy with some Amazon techniques, declines to grant PI

Comphy Co. v. Amazon.com, Inc., NO. C18-1460RSM (W.D. Wash. Mar. 12, 2019) The Comphy Company markets itself as a luxury company, historically supplying its linens to luxury spas. Ultimately, Plaintiff decided to start retailing its products online through its own website, though it doesn’t market directly to customers and instead relies upon word of mouth and first-hand exposure at hotels, spas, and bed and breakfasts utilizing its products. Amazon solicited Comphy several times to sell its products on Amazon’s platforms, but Comphy declined based on its luxury strategy. Nonetheless, Amazon bought keyword advertising utilizing keywords including COMPHY from several search engines, resulting in ads for, e.g., “Comfy Sheets Queen”; “Shop Comfy Sheets” “Comphy Co Sheets”; and “Comphy Company Sheets at Amazon.” Likewise, if consumers use Amazon’s own-site search and start typing “comph,” Amazon’s….. To continue reading this legal news please click Read full information...

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Expedia's "sold out" labels and diversionary phone numbers for hotels lead to class certification

Buckeye Tree Lodge & Sequoia Village Inn, LLC v. Expedia, Inc., No. 16-cv-04721-VC, 2019 WL 1170489 (N.D. Cal. Mar. 13, 2019)Really interesting false advertising class action, with a smaller-than-plaintiffs-wanted class of hotels certified against Expedia, which offers hotel bookings on its websites. The plaintiffs own hotels that are not available through Expedia. Apparently, the information of a hotel that hasn’t contracted with Expedia sometimes “finds its way onto one of the numerous websites Expedia operates, including Expedia.com, Hotels.com, Orbitz.com, and Travelocity.com.”  When customers search for their hotels on Google or within one of Expedia’s websites, Expedia allegedly falsely suggests that these hotels can generally be booked on the websites, but that they are “sold out” for the period that the customer wants to book them. Expedia then allegedly steers customers to similar hotels that are, in fact, available on its….. To continue reading this legal news please click Read full information...

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Why trade dress beats design patents

Via the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents. Looks like […] The post Why trade dress beats design patents appeared first on LIKELIHOOD OF CONFUSION™... To continue reading this legal news please click Read full information...

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unauthorized use of model's photo for strip club wasn't false advertising or endorsement

Edmondson v. 2001 Live, Inc., 2019 WL 670201, No. 16-cv-03243-T-17AEP (M.D. Fla. Jan. 15, 2019)Edmondson, a model and public figure, sued for the alleged commercial misappropriation of her image used on 2001 Live’s social media account promoting its “gentleman’s” club’s live feed of the stage and dressing room. Edmondson has appeared in various magazines and reality TV episodes, served as “Playmate of the Month,” and signed as an official model for swimwear and sports companies. She had 1.6 million Instagram followers, over 41,000 Facebook likes, and over 201,000 Twitter followers.  Defendants used a photo of her with the text: Cyber-Monday was here, and we got a little sick of all the “check out this 1//2 price gadget” posts! We want to give someone something, specifically a FREE 30-day subscription to http://www.2001live.com! All we need is at least 20 likes for this post by tomorrow morning!Defendants had outside….. To continue reading this legal news please click Read full information...

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