The IPKat

JUNE 13, 2022

Despite the hype, it is a niche market, and purchasers are just as often speculative investors as they are fans or collectors. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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. And their expert report was not good.

Social Media 57

Social Media 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. ” [Does this create an affirmative obligation to include images?

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 57

False Advertising Advertising Advertising Reporting 57

43(B)log

AUGUST 24, 2021

The court here concluded that there were disputed issues of material fact on substantial similarity (and excluded a proposed expert report from Mark McKenna). “In sum, the parties do not agree on much,” but the public can have no idea of where they diverge.

Copyright 80

Copyright Art Copying Reporting 80

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 57

Advertising Advertising Marketing Marketing 57

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 25, 2023

People are notoriously bad at reporting on their own mental processes and that’s what we’re asking them to do. Heymann: but actually ask them to perform the selection task, not just report on what they think they’d do. We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general.

Trademark 70

Trademark Marketing Marketing Advertising 70