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. 3d 1137 (9th Cir. Baden Sports, Inc.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 98

Branding Branding Brands Trademark 98

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

FEBRUARY 26, 2024

This was the first of USC Rossier’s online degree programs and went live in June 2009; 2U received an undisclosed percentage of the tuition revenue. From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% to 10.5%), and its ranking rose 16 places (from #38 to #22).

Advertising 59

Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

JUNE 4, 2024

Same thing with the Lori Drew prosecution from 2009). I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). AOL from 2003, a case I still include in my Internet Law casebook.

Contracts 98

Contracts Design Designs Publishing 98

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context. In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119