43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 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.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

APRIL 26, 2023

LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” I Dig Texas, LLC v. Creager Servs., 22-CV-0097-CVE-JFJ (N.D.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” I share the heartbreak. LEXIS 5481 (C.D.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

MARCH 22, 2023

2023 WL 2574319, No. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. Under these theories, Usana would have been aware of the ongoing litigation between MacWilliam, NutriSearch, and Ariix.” Ariix LLC v.

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. I’ll focus, as usual, on the false advertising bits and ignore the securities law parts.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

Marketing 59

Marketing Marketing False Advertising Advertising 59