43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. This statement was plausibly false when made. The FAL explicitly provides that plaintiffs can recover for advertisements that were “known, or which by the exercise of reasonable care should be known, to be untrue or misleading.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

FEBRUARY 14, 2025

Here, the court dismisses the fraud claim on statute of limitations grounds and the Lanham Act claim because of a mismatch between the commercial advertising and promotion alleged and the falsity alleged, but allows injurious falsehood/product disparagement claims to proceed. What about commercial advertising or promotion?

Advertising 52

Advertising Advertising False Advertising Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. She received her J.D. with honors from Emory University School of Law in 2014 and her B.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

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

TorrentFreak

DECEMBER 27, 2021

The suit also included a claim of false advertising after Online2LiveStream transformed itself into a scam site, offering events in exchange for credit card details but failing to deliver. Insufficent Due Diligence – Court Dismisses Case. Court Warns Case Could Be Dismissed.

Due Diligence 143

Due Diligence False Advertising Copyright Infringement Copyright 143