43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 94

False Advertising Government Privacy Design 94

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

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

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.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

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

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 114

IP Copyright Trademark Intellectual Property 114

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.

False Advertising 98

False Advertising Advertising Advertising Contracts 98