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Monster wins permanent injunction against VPX in false advertising case

43(B)log

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts. and] expects to complete.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

2022 WL 141561, No. 14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

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using competitor's images in comparative advertising is fair use even when appearance isn't being compared

43(B)log

The parties had other disputes, including accusing each other of posting false reviews of the other. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. There’s more, including public disputes on Craigslist.

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marketing may be material even to very expensive/complex business purchases

43(B)log

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp.

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political speech isn't covered by Lanham Act but is protected by Cal anti-SLAPP law

43(B)log

Broidy, 2022 WL 793029, No. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. Mosafer Inc. 2:21-cv-06320-MCS-JC (C.D.

Law 59
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competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. Pan 4 America, LLC v. DLB-21-401 (D.

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

In re: Elysium Health-ChromaDex Litigation, No. 11, 2022) This is the main liability opinion. A whole industry exists of social media influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. 17-cv-7394 (LJL) (S.D.N.Y.