43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

Television 72

Television Social Media Advertising Advertising 72

43(B)log

MAY 22, 2023

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. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. Yes: They plausibly pled “a commercial interest in giving scientific presentations, appearing on scientific television shows, and participating in science-related events.” Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. As one of MGFB’s principals testified as to Kenny Chesney’s televised concert: [H]e asked permission to do it, and we told him it was fine. It was him.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 112

IP Copyright Trademark Intellectual Property 112