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2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants). It Works Marketing, Inc.
Doe, 2021 WL 3684116, No. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. Arizona Board of Regents v. CV-20-01638-PHX-DWL (D.
2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Falseadvertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,
2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various socialmedia outlets including Natorp’s private website, Facebook, and Pinterest.”
Jones is “a socialmedia influencer, media personality, and celebrity gossip blogger.” Defendant Johnson is “a media personality and the founder, editor-in-chief, and CEO of the celebrity gossip website Hollywood Unlocked.” Even without standing, Jones failed to state a claim for false association or falseadvertising.
Plaintiffs sued in 2021. The application of the discovery rule is therefore a highly fact-specific inquiry, and the determination of whether plaintiffs knew or should have known that they were harmed by a defendants post on socialmedia must often be left to the finder of fact.
Doe, 2021 WL 3631269 (D. Doe, 2021 WL 3631269 (D. Sells, 2021 WL 4429067 (S.D. 9, 2021): “Initial interest confusion, however, goes to the seventh likelihood of confusion factor – the existence and extent of actual confusion; it is not a stand-alone basis for a claim of infringement.” 2021 WL 6881640 (D.
3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the falseadvertising aspects.
I’m ignoring the complicating effects of various socialmedia 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
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 falseadvertising. 2021), which considered all these claims except for falseadvertising.
I’ll focus, as usual, on the falseadvertising bits and ignore the securities law parts. It is widely understood that Kardashian is paid for many of her socialmedia 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.
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.
May 19, 2023) Whereas the timeshare falseadvertising 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.
They alleged violation of California’s FAL and UCL, falseadvertising 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.
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.
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.
Variations in different marketing campaigns and channels (socialmedia 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.
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 socialmedia accounts. Default judgment can be an effective way to stop online infringement.
Since early 2020, Defendant Nepute and Quickwork have used several platforms, including socialmedia, 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.
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.
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.
This is one of the many AG enforcement actions against socialmedia 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.
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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