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sending emails under former employees' names may be reverse passing off

43(B)log

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

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challenge to Sirius XM's (huge) junk fees survives

43(B)log

However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At The court also pointed to Second Circuit decisions addressing, in contract law, when a party can be found to have been on inquiry notice of claimed terms during contract formation. 3d 828 (2d Cir.

Music 59
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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

43(B)log

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

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Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Technology & Marketing Law Blog

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 2016); Nat’l Numismatic Certification, LLC v. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Google, Inc. , 3d 1265 (M.D.

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Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Technology & Marketing Law Blog

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.