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The First Amendment has long coexisted with no-fault falseadvertising laws. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? There was also no copyright preemption. City of Los Angeles, 697 F.3d
Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for falseadvertising and infringing Vogue’s trademarks. 2012: [link]. The firm has registered more than 4,000 U.S.
28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, falseadvertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and falseadvertising. Proximity of the products: A factfinder would have to decide the relevance of new v.
2, 2022) Before the jury verdict in favor of Monster’s falseadvertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the falseadvertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.
Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. This makes Colombians abroad get tricked.”
Plaintiffs sued for falseadvertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for falseadvertising. The court was guided by Electra v. 3d 233 (2d Cir.
Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for falseadvertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”
.” That same environmental information—encompassing the “E” in trending ESG—is of value to consumers who seek out and, at times, pay a premium for “green” branded products. There is a limited regulatory framework around green claims, making it prime for litigation.
Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and falseadvertising. from Catholic University of America Columbus School of Law in 2012 and his B.S.
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. The rejection order is authored by Dr. Latika Dawara, Asst. Music Broadcast Ltd.
Second, of course, confusing and explicitly misleading are two very different things—even “fraudulent” and explicitly misleading are two very different things, which is one reason that Lanham Act falseadvertising cases have developed workarounds to treat deliberately misleading ads the same way as explicitly false ads.
Static Controls in 2012, a Lanham Act falseadvertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” If you just saw it, would you think that’s their brand?
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