DirecTV ran ads promoting its satellite TV service featuring William Shatner in one ad and Jessica Simpson in another (Shatner clip and background here). In the Simpson ad, the claim is made that DirecTV provides the best picutrem and the narrator states “. . .For an HD Picture that can’t be beat, get
False Advertising
“Tom Waits Settles Advertising Lawsuit”
NY Lawyer: “Tom Waits Settles Advertising Lawsuit” (“Grammy Award-winning singer Tom Waits has settled a lawsuit in which he claimed an automaker and an ad agency violated his rights by imitating him in TV commercials, his lawyer said.”)
If there were an official theme song to Lanham Act Section 43(a), then Tom Waits’…
Synthetic Or Cultured Diamonds?
Diamonds can be produced in a lab. Unlike cubic zirconoia, these diamonds are molecularly identical to naturally occuring diamonds (and rival natural diamonds for clarity.
Now the diamond associations are asking the FTC that such diamonds be referred to as synthetic diamonds and not cultured diamonds. Cultured diamond creators argue that their process is…
“Is Your Medicine The Real Deal?”
BusinessWeek: “Is Your Medicine The Real Deal?:
“When Leslie-Ann Lescarbeau saw the sales pitch from a pharmacy called Med4Home on the Internet and TV in 2004, she couldn’t resist signing up. Med4Home promised to deliver her medications right to her door and file her Medicare claims for her. Lescarbeau, 50, suffers from asthma…
“Confiscated Assets From Narcotics Dealers” As A Selling Point
Auction house settles false advertising claim with San Mateo District Attorney’s Office – apparently the jewelry it sold at auction was not really confiscated from narcotics dealers.
Answers To Our Tribute Band Question

The not always responsive answers to our question: ‘is there such a thing as an authorized tribute band (other than Beatlemania)?’ pour in.
Larry S. advises us of rasta metal band Dread Zeppelin, and points out that Robert Plant, at least, speaks favorably of them.
Eva R. advises us of a CTM registration for…
Question For You Re Tribute Bands
With the exception of Beatlemania, in the history of the world has there been such a thing as a licensed/endorsed/official tribute band?
Not Buying Baloney As A Defense To 43(a)
From 43(b)log: Defendant sells product to the large auto makers. It represented its product to be the ‘same’, presumably in terms of quality, to that of plaintiff, even though its product was cheaper. Plaintiff alleges that this is false. Defendant established that purchasers conducted their own evaluations, and made their purchasing decisions independent of defendant’s…
Nautilus Stretches Truth On NYLON
43 (b)log: ”False Marking And False Advertising of Exercise Machines” – Icon Health & Fitness, Inc., v. The Nautilus Group, Inc., 2006 WL 753002 (D. Utah) (Nautilus liable for falsely designating parts of its BowFlex machines as patented.)
Not as serious: Nautilus referring to nylon parts as ‘Poly-Hexamethanline-Adipamide’ (which is almost how you…
Consumer False Advertising Class Actions In Massachusetts
From Proskauer: Discussion of recent Massachusetts case concerning consumer class actions under Massachusetts Unfair Competition Law. HT 43(a) blog.