43(B)log

OCTOBER 1, 2021

In 2012, they allegedly signed a contract committing to purchase $573,000 in basil from plaintiffs per year, and then Whole Foods gave plaintiffs a “local producer loan” to buy greenhouse equipment, presenting them with an oversized check for $100,000 at the opening of a Whole Foods in Del Mar, California.

False Advertising 67

False Advertising Advertising Advertising Marketing 67

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”? Route Consultant, Inc., 2023 WL 2466624, No.

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

NOVEMBER 8, 2021

Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services. Unjust enrichment: Unlike some treatments of this type of claim, the opinion here dismissed unjust enrichment as duplicative of the breach of contract claim.

Contracts 62

Contracts Government Marketing Marketing 62

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. This meant that past events and posts by La Baguette now appeared to have been posted by “Tito & Tita Langley.” DLB-21-401 (D. the page,” id. ¶

Social Media 70

Social Media Advertising Advertising Business 70

43(B)log

SEPTEMBER 29, 2021

This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a gym company. Equinox argued that he hadn’t pled any representation that refunds would be automatic, and that the contract statement was “a non-actionable statement of legal opinion.”

Contracts 57

Contracts False Advertising Advertising Advertising 57

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

SEPTEMBER 15, 2021

Quintanilla alleged that WW’s cancellation of in-person services, and transition of its workshop services online, without issuing refunds or any reduction in membership fees, violated the usual California consumer-protection statutes and constituted breach of contract, unjust enrichment, and money had and received.

Contracts 44

Contracts Law False Advertising Advertising 44

43(B)log

NOVEMBER 5, 2021

3, 2021) SquareTrade sells service contracts for the protection of consumer goods. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. This was sufficient to establish standing to seek injunctive relief. This is not an election of remedies issue.

Contracts 57

Contracts Business Law Publishing 57

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

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94