43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.

False Advertising 59

False Advertising Social Media Advertising Advertising 59

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., 2008), held that misrepresentations about copyright licensing status did not relate to the “nature, characteristics, and quality” of a good under §43(a)(1)(B), unlike “the visual and audio quality of the good.” 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. eBay case from 2008. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. 2016); Nat’l Numismatic Certification, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141