43(B)log

OCTOBER 10, 2023

Cornelia, 2023 WL 6379449, No. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on social media.”

Advertising 49

Advertising Advertising False Advertising Social Media 49

43(B)log

JUNE 20, 2023

Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. Dictionary definitions of “social” didn’t “provide a usable standard for defining a social cow.

Social Media 122

Social Media Business False Advertising Advertising 122

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

43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. World Axe Throwing League, Inc. Cold Steel Inc., 2:20−cv−11407 JAK (Ex) (C.D. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

JUNE 21, 2023

2023 WL 3829689, No. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” Grimmway Enters., 22-CV-2038 JLS (DDL) (S.D.

Law 72

Law Social Media Reporting Business 72

43(B)log

OCTOBER 19, 2023

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. In Re Ethereummax Investor Litig.,

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. 2023 WL 3049106, No. effective at eliminating viruses and bacteria was also plausibly false advertising. Purlife Brands, Inc.,

False Advertising 45

False Advertising Advertising Advertising Social Media 45

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

43(B)log

FEBRUARY 14, 2025

The court certified a question to the Massachusetts Supreme Judicial Court: Under what circumstances, if any, is material publicly posted to social media platforms inherently unknowable for purposes of applying the discovery rule in the context of defamation, right to publicity, right to privacy and related tort claims?

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

MAY 22, 2023

2023 WL 3556053, No. 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. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 69

False Advertising Brands Branding Branding 69

43(B)log

MARCH 28, 2024

The policy excluded personal and advertising injury, including “publication, in any manner, of material that violates a person’s right of privacy,” disparagement, use of advertising ideas, and trade dress infringement, if such activities “arise out of or are part of ‘exhibitions and related marketing,’ ” which are broadly defined.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Quoting “various social media personalities who complained about the size and quality of Defendants’ products” didn’t change this result. “[W]hile Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

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. Ariix LLC v. Usana Health Sci., 2:22-cv-00313-JNP-DAO (D. pitch the guide to end consumers.”

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

JULY 20, 2023

Nepute, 2023 WL 4623089 , No. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 4:21-CV-437 RLW (E.D.

Government 40

Government Advertising Advertising Social Media 40

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

FEBRUARY 28, 2025

26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. 2023) (use of fictional tax preparation business name in Better Call Saul ). Netflix, Inc.,

False Advertising 52

False Advertising Social Media Television Art 52

LexBlog IP

MARCH 1, 2022

Other materials, such as internal documents used to train sales representatives, were held not to violate false advertising laws at all as there was no evidence those materials were ever shown to any physician or consumer. Takeaway No. 6: Marketing to Students. The acts also include security obligations.

Privacy 52

Privacy Social Media Advertising Advertising 52