43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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

LexBlog IP

JUNE 21, 2022

For those who are new to this, the dot com guides (technically and annoyingly titled the “ com” guides) are a helpful source document to look at when you are trying to figure out how and when to make disclosures, particularly in digital advertising. This could have a significant impact on some advertising claims going forward.

Advertising 52

Advertising Advertising Social Media Intellectual Property 52

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Brands 40

Brands Branding Branding Social Media 40

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? 511, 523 (2012). vii] Deidrè A. viii] See, e.g., Lee J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The TTABlog

MARCH 17, 2022

The Board noted that "[i]t is not the law that 'the slightest cessation of use causes a trademark to roll free, like a fumbled football, so that it may be pounced on by any alert opponent.'"

Television 61

Television Social Media Trademark Registration 61

IP Whiteboard

FEBRUARY 8, 2021

Since 2012, it has hosted several pop-up restaurant events in Australia and owns a number of registered trade marks in the jurisdiction, including: Reg. g) placing apparent weight on evidence of confusion from social media posts and no weight on the absence of evidence of actual confusion. Lettuce recap. Trade mark.

Social Media 52

Social Media Brands Branding Branding 52

43(B)log

APRIL 7, 2023

YT had it since 2012; now only NGOs and gov’t agencies. Demands to control social media—take down posts from political rivals, block full services—are common around the world. The DSA Trusted Flagger Regime and Its Interplay with Article 17 DSMD in the Aftermath of CJEU, Poland – A Promising Model?

Art 45

Art Copyright Settlement Privacy 45

The IPKat

MARCH 27, 2022

An iterative design process commenced over emails between Mr Parker and Mr Lazo when producing the designs, resulting in what was referred to as the 1856 design which was also relied on by the House of Bruar as prior art: Although this was never sold, photographs of this 1856 design was posted on Fairfox & Favor's social media in November 2014.

Designs 52

Designs Design Copying Art 52

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising. Content made with Deepfake AI technology is abundant on social media sites; in fact, many producers exclusively use it for their work.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

MAY 20, 2024

The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question.

Trademark 45

Trademark Advertising Advertising Invention 45

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content. Grimaldi, 875 F.2d

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Ltd and Indian Performing Rights Society Ltd. Music Broadcast Ltd. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. The Supreme Court also touched upon issues relating to Covid drug procurement through importation.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

FEBRUARY 28, 2025

26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. 3d 1266 (2012) (sports art), and Louis Vuitton Malletier S. Netflix, Inc., MCA Records, Inc.,

False Advertising 52

False Advertising Social Media Television Art 52

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

JANUARY 9, 2025

But MAGA got one thing right: some social media owners would find the temptation to embrace partisanship irresistible. MAGA has also complained that the government improperly pressured social media to make content moderation decisions (the so-called “censorship-industrial complex”). FOLLOW ME THERE!

Social Media 102

Social Media Law Government Privacy 102