43(B)log

APRIL 3, 2024

4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Route Consultant, Inc.,

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

FEBRUARY 8, 2024

2024 WL 450040, No. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! The court also pointed to Second Circuit decisions addressing, in contract law, when a party can be found to have been on inquiry notice of claimed terms during contract formation. Carovillano v.

Music 59

Music Contracts Advertising Advertising 59

43(B)log

JULY 25, 2024

2024 WL 3480212, No. In 2024, Videa blogged that “[w]e suggest choosing an AI provider with the most FDA-cleared annotations.” Online advertising and presentations during trade shows appear to be a starting point for potential purchases, but do not alone drive such decisions. Overjet, Inc. VideaHealth, Inc., 24-cv-10446-ADB (D.

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

JULY 8, 2024

2024 WL 3304815, No. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Delta Air Lines, Inc., 2:23-cv-04150-MEMF-MRW (D.C. Wolens, 513 U.S.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time. could become even more important during this economy.”

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43(B)log

JANUARY 5, 2024

2024 WL 24325, No. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3 per serving than the amount of omega in the Nordic Naturals product named “Ultimate® Omega.” Nordic Naturals, Inc., 23-cv-02818-EMC (N.D.

Contracts 59

Contracts Law Business False Advertising 59

IP and Legal Filings

DECEMBER 20, 2024

Rise of Influencing Marketing: A Proprietary Angle Influencer marketing is now a $21-billion industry as per Aspire’s 2024 Influencer Marketing Report. This can place a brand at risk or give rise to claims of false advertising against it. Report such infringements immediately using platform reporting mechanism.

Social Media 52

Social Media Trademark Brands Branding 52

43(B)log

AUGUST 30, 2024

3d -, 2024 WL 3825087, No. 15, 2024) The court here holds that the FTC lacks §5 jurisdiction over a nonprofit, even if the nonprofit was in fact a sham diverting money to its controller. GCU isn’t permitted to contract with any third party for these services. Federal Trade Commission v. Grand Canyon Education, Inc.,

Advertising 52

Advertising Advertising Business Marketing 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

DECEMBER 2, 2024

2:24-cv-00859-WLH-SSC, 2024 WL 4866813 (C.D. 30, 2024) Spotlight provides ticket and event management enterprise solutions. For example, Spotlight alleged that it lost out on a pitch to an online food ordering and delivery company because Concierge “falsely represented. Spotlight Ticket Management, Inc. Concierge Live LLC, No.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

OCTOBER 29, 2024

2024 WL 4581512, No. 28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. WFG responded to this development with a confidentiality clause in its contracts requiring its customers not to reveal they are working with an exit company.

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False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 14, 2024

” By definition, every contract of every type involves a bilateral exchange of contract consideration, so this logic suggests that every contract represents a statutory “sale”? Trump The post Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok , Nos.

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