43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Nominative fair use factors: Also for a factfinder. 2253 (LLS) (S.D.N.Y.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. Betsy Rosenblatt, Informational Functionality Genesis of the project: Thinking about fans and how fans use TMs, and thinking about sugar packets where the color of the packet tells us what’s in the packet not who makes the packet. A: not opposed to AGs!

Trademark 57

Trademark False Advertising Fair Use Branding 57

SpicyIP

OCTOBER 27, 2023

Dark patterns can take away users’ right to full information about their services and control over their browsing experience, affecting their overall experience. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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 48

False Advertising Social Media Advertising Advertising 48

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. But we’re seeing more and different proxies for information and goodwill; started w/search engines but seems more prominent now. Amazon is used for more product search than Google.

Fair Use 44

Fair Use Branding Brands Branding 44

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Is Google using TMs as marks? Then, in Lexmark v.

Trademark 57

Trademark Fair Use Registration False Advertising 57

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. GoDaddy LLC, Dynadot LLC to immediately lock and suspend the domain names [link] , [link] and [link]. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

LexBlog IP

FEBRUARY 1, 2023

Having already used the Kraken comparison to crack on the mythic failure of ChatGPT to give me a substantive leg up on what is happening in the Bad Spaniels’ case, I will throw out another bit of information to be fair. It may be that the newness of the amicus filings in the Jack Daniels case hampered the response.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Highlights that Chamberlain and other cases are about personal property versus 1201’s use of copyright. You’re forbidden to remove/alter information at pain of $2500/violation.

Privacy 57

Privacy Fair Use Fanworks Government 57

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). It doesn’t work so well for advertising! Is a deceptive used car dealer competing fairly? Why does it matter that he be honest?

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Trademark use can show up in some surprising places.

IP 94

IP Trademark Advertising Advertising 94