Technology & Marketing Law Blog

JUNE 4, 2024

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). It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

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43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

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Social Media False Advertising Advertising Advertising 45

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. It is widely understood that Kardashian is paid for many of her social media posts, and therefore, it should not come as a surprise to any reasonable consumer that she was paid for the June Post given it included the “#AD” disclaimer.

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Due Diligence False Advertising Social Media Advertising 64

43(B)log

SEPTEMBER 15, 2021

InfoWars, LLC, 2021 WL 2115272, No. May 25, 2021) (R&R) This is a defamation case with a Lanham Act chunk. Plaintiffs alleged that, in InfoWars videos, Alex Jones made false claims that Corsi “seemed to be extremely mentally degraded to the point of. A-20-CV-298-LY (W.D. The parties are various right-wing public figures.

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Advertising Advertising Social Media False Advertising 56

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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False Advertising Social Media Advertising Advertising 49

43(B)log

FEBRUARY 26, 2024

During the relevant period—through 2021—US News didn’t distinguish between in-person and online programs. For example, 2U engaged in online advertising to promote USC Rossier’s ranking; it spent more than half of its revenue on program sales and marketing. Fortunately for 2U, the court thought it was accused only of puffing.

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Advertising Advertising False Advertising Marketing 59

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The complaint was filed mid-2021, and the injuries allegedly began in mid-2017, which was outside the statute of limitations for everything but the UCL.

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Law False Advertising Social Media Branding 59

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.

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Law Privacy False Advertising Social Media 59

43(B)log

JULY 6, 2022

Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. 2190 (2021), says that plaintiffs must demonstrate standing for each claim that they press and for each form of relief that they seek. Standing/uninjured consumers: TransUnion LLC v.

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LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Included within Kaira’s request for relief was an order transferring ownership and all rights in the infringing LinkedIn and social media accounts. Default judgment can be an effective way to stop online infringement.

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False Advertising Social Media Trademark Branding 40

43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” It filed suit on April 15, 2021. The COVID-19 Act was enacted on December 27, 2020.

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43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. 17, 2021)), is another case about the breadth of §43(a). Marchese, 2021 WL 3783259, No.

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IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

OCTOBER 14, 2024

This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to China. The lower court dismissed the case. The appeals court revives it. TikTok , Nos.

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False Advertising Advertising Advertising Contracts 105

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. Takeaway No. 1: Biden Transition Shifts Attorneys General Priorities. AMG Capital Management v.

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Privacy Social Media Advertising Advertising 52