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. There was also no copyright preemption.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 4, 2021

False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” This was unambiguous and literally false, and likely material given its centrality. Vining, 2021 WL 4344891, No.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

APRIL 25, 2023

Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. HBI counterclaimed that Republic infringed its copyrights and trade dress. There was no special verdict form.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 11, 2021

I]ts primary funding source is the sale and licensing of publications containing its copyrighted works.” Finally, UpCodes allegedly falsely claimed to be the “only source” of state amendments integrated into the model code, when in fact ICC also offers custom codes on its website. Once upon a time, this was a copyright dispute.

False Advertising 64

False Advertising Copying Advertising Advertising 64

43(B)log

SEPTEMBER 16, 2021

Doing so removed certain legal notices identifying Neo4j Sweden as the copyright holder and licensor, and removed the Commons Clause, effectively allowing Defendants to commercially use and support ONgDB.” Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

Advertising 72

Advertising Advertising Branding Brands 72

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

FEBRUARY 9, 2022

This is easier when there’s a potential copyright claim (which is not subject to §113(c), which very few people remember). She publishes photos of her products on eBay, and has registered some copyrights in the photos. She publishes photos of her products on eBay, and has registered some copyrights in the photos.

False Advertising 45

False Advertising Advertising Advertising Copyright 45

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. On Friday, a Texas federal judge dismissed much of the case but kept Atari’s core copyright infringement claim in play.

Fair Use 106

Fair Use Copyright Artwork Social Media 106

43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. Price: $30 + shipping and tax.

Editing 52

Editing Advertising Advertising False Advertising 52

43(B)log

DECEMBER 1, 2022

28, 2022) Outlaw lost its bid for a preliminary injunction enjoining Santos, aka OSD Audio, from selling products containing user manuals that allegedly infringed Outlaw’s copyright, falsely represented OSD Audio products’ specifications, and falsely represented that OSD Audio and Outlaw’s products are similar.

Advertising 49

Advertising Advertising False Advertising Copyright 49

43(B)log

JANUARY 6, 2022

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

IP Law 360

APRIL 9, 2024

An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.

False Advertising 59

False Advertising Intellectual Property Advertising Advertising 59

IP Law 360

MAY 2, 2023

of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns. A New York federal judge on Tuesday rejected a class certification bid in a lawsuit accusing stationary bike giant Peloton Interactive Inc.

False Advertising 75

False Advertising Music Advertising Advertising 75

LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

Advertising 52

Advertising Advertising False Advertising Litigation 52

IP Law 360

AUGUST 12, 2022

A New York federal judge denied Peloton's latest bid to escape a proposed class action accusing the stationary bike giant of falsely advertising an "ever-growing" library of online fitness classes when numerous classes were about to be removed due to music copyright concerns.

Music 74

Music False Advertising Advertising Advertising 74

Patently-O

FEBRUARY 12, 2023

2023) involves a set of thirteen different professional models whose images were allegedly used without their permission to advertise for the Capital Cabaret, a strip club halfway between Raleigh & Durham, North Carolina. 1125(a)(1) for misrepresentation of sponsorship (False Advertising + False Association).

Privacy 119

Privacy False Advertising Advertising Advertising 119

TorrentFreak

DECEMBER 27, 2021

Triller’s lawsuit alleged copyright infringement, vicarious copyright infringement, violations of the Federal Communications Act, conversion, and a violation of the Computer Fraud and Abuse Act. From: TF , for the latest news on copyright battles, piracy and more. Among them was alleged Online2LiveStreams.us

Due Diligence 143

Due Diligence False Advertising Copyright Infringement Copyright 143

43(B)log

DECEMBER 15, 2023

But “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ ” and for whatever reason, it didn’t bring a patent infringement claim. Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.” Zobmondo Ent. Imagination Int’l Corp.,

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

Copyright Lately

MARCH 31, 2024

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.

Copyright 83

Copyright Fair Use Social Media Artwork 83

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. Gibson is remembered to this day for his Righthaven copyright litigation scheme (against mom-and-pop bloggers!), More Posts About Keyword Advertising. * Should we say ? Greenberg v.

Trademark 119

Trademark Advertising Advertising Litigation 119

43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

AUGUST 15, 2023

Can one company use another’s copyrighted images in its advertisements to contrast where the two companies’ products are manufactured? And if this is generally but not always allowed, when is it okay? Read more

Advertising 40

Advertising Advertising False Advertising Copyright 40

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

Advertising 40

Advertising Advertising False Advertising Social Media 40

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. It is infringement to mint an NFT of a protected work without the permission of the rightholder.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP Law 360

APRIL 12, 2024

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

False Advertising 52

False Advertising Advertising Advertising Copyright Infringement 52

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. Also, product shots have been a constant source of copyright litigation.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

DECEMBER 14, 2022

Oath , a copyright case involving a photo showing a bulge in Jon Hamm’s crotch. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. The Twitter previews juxtaposing the 50 Cent photo with the eggplant photo aren’t necessarily in the advertiser’s control.

Social Media 130

Social Media False Advertising Advertising Advertising 130

TorrentFreak

JANUARY 26, 2024

With more ways to stream online video than ever before, protecting video continues to be a key issue for copyright holders. Besides the sticker promos, the plaintiffs also ran into several advertisements on Facebook and even flyers in physical stores throughout Atlanta. Widevine DRM is one of the leading players in the field.

Cease and Desist 114

Cease and Desist False Advertising Advertising Advertising 114

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. In other words, the “old” IP rights (copyright, trade marks, etc.) This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

SEPTEMBER 20, 2021

Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 64

Copying False Advertising Social Media Advertising 64