DuetsBlog Collaborations in Creativity & the Law

Category Archives: False Advertising

Subscribe to False Advertising RSS Feed

Chevy Silverado Super Bowl Ad

Posted in Advertising, Branding, Fair Use, False Advertising, Food, Loss of Rights, Marketing, Television, Trademarks

Absorbing all the television commercials in between football action on the field can be as much fun on Super Bowl Sunday as the actual game itself, at least for trademark and marketing types, especially when your favorite team isn’t even on the field. One of my personal favorites from this past weekend’s Super Bowl XLVI was the… Continue Reading

Redefining a Trademark Bully?

Posted in Almost Advice, Articles, False Advertising, Mixed Bag of Nuts, SoapBox, Trademarks

We’ve spilled a lot of digital ink discussing the trademark bullying topic, going all the way back to my original blog post from 2010: ”The Mark of a Real Trademark Bully.” Within the last several days, there has been quite a bit of online media coverage about Trademarkia’s new features that tout an ability to “Find… Continue Reading

When it Comes to Guest Blogging: Fine or Just Fine?

Posted in Branding, False Advertising, Food, Guest Bloggers, Marketing, Trademarks

In many contexts of our life experience, "fine" sadly seems to have drifted toward embodying mediocrity. Consider this all too common dialogue: "How are you?" "Oh, I’m fine."  Or, perhaps, "Just fine." Translation: "O.K.," "average," "acceptable," "passable," "satisfactory," "I can’t complain," "I’ve been better," or maybe "could be much better" . . . . After all, how interested or… Continue Reading

High Fructose Corn Syrup, Thy Name is Not Corn Sugar

Posted in Advertising, Branding, False Advertising, Food, Law Suits, Marketing

More than a year ago, I blogged about high fructose corn syrup getting a makeover.  The Corn Refiners Association has undertaken a campaign to rename high fructose corn syrup as "corn sugar."   (See SweetSurprise.com and CornSugar.com to be indoctrinated.) I recently learned that a number of sugar companies (that’s cane sugar or beet sugar) sued… Continue Reading

What Do The Words You Choose Imply?

Posted in Advertising, Branding, False Advertising, Goodwill, Marketing

The words we choose to use in commercial signage, advertising, and marketing materials mean something. That’s why we use them, to communicate a fact, an opinion, or perhaps some other message. The use of certain words, can carry implied meanings too, some intended, and perhaps some unintended. For example, yesterday Seth Godin wrote this about… Continue Reading

Mark Zuckerberg Means What?

Posted in Advertising, Branding, False Advertising, Marketing, Social Networking

This billboard ad has been running in the Twin Cities for a while now, promoting a local car dealership who is very proud of its website: Does anyone seriously believe that Mark Zuckerberg – the twenty-seven year old president, chief executive officer, and co-creator of the Facebook social networking site — is jealous of the morries.com website?… Continue Reading

“Buried Treasure” – Securing Reimbursement for Monies Expended in Past Intellectual Property Lawsuits

Posted in Advertising, Agreements, Contracts, Copyrights, False Advertising, Guest Bloggers, Infringement, Law Suits, Trademarks

—David A. Gauntlett, Gauntlett & Associates   Companies looking for extra money in these tough economic times may have an answer from the past. The vast majority of insurer denial letters for intellectual property lawsuits lack merit. Therefore, companies who have litigated intellectual property cases and expended significant monies in defense and settlement may be overlooking ready… Continue Reading

Best Buy, Resurrected From the Trademark Graveyard?

Posted in Branding, Dilution, Domain Names, False Advertising, Infringement, Law Suits, Loss of Rights, Marketing, Trademarks

As a trademark type, something struck me as odd about the Best Buy logo image appearing on the brand new outdoor baseball scoreboard at Target Field, during the Minnesota Twins recent home opener against the Boston Red Sox, so I captured a photograph to discuss it here on DuetsBlog. What caught my eye was the curious placement of the ® federal registration symbol. Its positioning adjacent to the words… Continue Reading

Medline Industries, Inc. v. 3M Company (False Advertising Complaint Attached)

Posted in Advertising, False Advertising, Law Suits, Marketing

v.                                       (Medline Sterillium Rub)                                          (3M Avagard Surgical Scrub) In a very recent false advertising lawsuit, Medline Industries is all lathered up, alleging that 3M Company is playing dirty in the surgical hand antiseptic marketplace by making false and misleading statements in advertising about 3M’s Avagard brand surgical scrub and Medline’s competing Sterillium Rub brand surgical hand antiseptic. Here is… Continue Reading