43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? The court first held that the challenged statement on its own wasn’t pure commercial speech because it “merely purports to convey information about NR and NR supplements” and didn’t refer to ChromaDex or its product; the link was not to a site that itself allowed purchases.

Advertising 78

Advertising Advertising False Advertising Marketing 78

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. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo. Purlife Brands, Inc.,

False Advertising 57

False Advertising Advertising Advertising Social Media 57

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. VPX also allegedly advertised Super Creatine as providing the health benefits of “creatine.”

False Advertising 57

False Advertising Advertising Advertising Contracts 57

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 16, 2023

Jones is “a social media influencer, media personality, and celebrity gossip blogger.” Defendant Johnson is “a media personality and the founder, editor-in-chief, and CEO of the celebrity gossip website Hollywood Unlocked.” Even without standing, Jones failed to state a claim for false association or false advertising.

False Advertising 87

False Advertising Trademark Registration Advertising 87

43(B)log

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. I’m not sure this makes sense.

Advertising 57

Advertising Advertising Social Media Contracts 57

Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

Contracts 77

Contracts Designs Design False Advertising 77

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 57

Marketing Marketing Business False Advertising 57

43(B)log

JUNE 27, 2024

And, as to claims that the vodka had health benefits that may help with personal fitness and weight management, the Alcohol and Tobacco Tax and Trade Bureau (TTB) views such representations as “mislead[ing] consumers by presenting incomplete information about the health effects and nutritional content of alcohol beverages.”

Advertising 62

Advertising Advertising Social Media Law 62

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 57

Social Media Marketing Marketing Advertising 57

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 83

Branding Brands Branding Trademark 83

43(B)log

MARCH 22, 2023

To empower consumers and sales representatives to make informed decisions, NutriSearch … publishes the NutriSearch Comparative Guide to Nutritional Supplements …, which is the leading source regarding nutritional supplement quality.” It’s written by Lyle MacWilliam and purports to provide independent and unbiased supplement reviews.

Editing 57

Editing False Advertising Social Media Marketing 57

43(B)log

MARCH 21, 2024

Peacock identified, among other things, Pabst’s “It’s the Water” slogan and the depiction of the “unique waterfalls from the (now) closed brewery from the Olympia area” on the Olympia Beer packaging, on its website, and on social media.

Social Media 57

Social Media Marketing Marketing Designs 57

LexBlog IP

NOVEMBER 17, 2021

The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Finally, the Court found the reproduction of the Amul designs and corporate information on the Defendants’ LinkedIn pages infringed Kaira’s copyright. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions?

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

TMs are a proxy for all sorts of info and goodwill, but there are other things that are proxies for that and have always been—selling in a certain marketplace or mall gives information; being the first listing in the Yellow Pages (might be the first nonsense marks!). Amazon is used for more product search than Google. NYU Press, 2016).

Fair Use 44

Fair Use Branding Brands Branding 44

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 62

Due Diligence False Advertising Social Media Advertising 62

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

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

AUGUST 3, 2023

Not transparent/information asymmetry for consumers. This rule facilitates information asymmetry that can harm consumers by adding information costs. Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

43(B)log

FEBRUARY 3, 2023

Maintaining an advantage in pursuing goals b/c of asymmetric information is a different issue that isn’t about benefit, ties this to Qs like insider trading. Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Lemley: is/should there be contributory false advertising liability?

False Advertising 44

False Advertising Trademark Advertising Advertising 44

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. 18, 2021), held functional the defendant’s informational use of colored mixing tips for dental equipment to show which mixing tip should be used with which materials.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. The following summarizes our 10 key takeaways from 2021. Takeaway No. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52