Remove Advertising Remove Copying Remove False Advertising Remove Social Media
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Monster wins permanent injunction against VPX in false advertising case

43(B)log

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94
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Intellectual Property Rights for Social Media Influencers

IIPRD

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on social media is through copyright. Make intangible assets.

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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 62
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LinkedIn posts weren't commercial advertising or promotion for pediatric orthopedics

43(B)log

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. They didn’t advertise any alternative or promote a specific product.

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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.