Remove 2021 Remove False Advertising Remove Social Media
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MLM on MLM action: tortious interference, trade secret, but not false advertising

43(B)log

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.

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student social media use of school colors/logo not plausibly confusing

43(B)log

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.

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Rogers v Grimaldi doesn't apply to alcohol, but Peaky Blinders still can't get injunction

43(B)log

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.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,

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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

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 social media outlets including Natorp’s private website, Facebook, and Pinterest.”

Copying 64
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

Jones is “a social media 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 false advertising.

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delay bars ROP/Lanham Act claims when Facebook use was open and plaintiffs were aware of lots of unauthorized use

43(B)log

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 social media must often be left to the finder of fact.

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Quick Links from the Past Year, Part 3 (Trademarks)

Technology & Marketing Law Blog

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.