43(B)log

DECEMBER 29, 2022

MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. False advertising: Same. All the claims survived.

Blogging 59

Blogging False Advertising Advertising Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 8, 2021

Managing Intellectual Property (MIP) magazine recently recognized Fish & Richardson Associate Vivian Cheng as one of its 2021 “Rising Stars.”

Intellectual Property 40

Intellectual Property False Advertising Litigation Advertising 40

43(B)log

JULY 7, 2023

23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. Defendants allegedly use fake celebrity and magazine endorsements, as well as misrepresentations about price and limited availability, to induce consumers into buying “keto” weight-loss pills. Fulfillment Lab, Inc, No. followed by “$39.74/bottle”

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 45

Social Media False Advertising Advertising Advertising 45

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.

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

MARCH 6, 2024

5, 2024) Metroplex, a local advertising company, brought a putative class action against Meta for unfair competition. Metroplex also allegedly develops tools and systems for managing and optimizing advertising campaigns for businesses. As for stating a claim, Meta noted that most of the challenged statements weren’t “advertising.”

Advertising 45

Advertising Advertising Business False Advertising 45

43(B)log

JULY 1, 2024

Moline’s public statements is by suing her for trade libel, fraud, or false advertising.” E.g., a Time Magazine article described the 2020 article as presenting “case studies of 33 people. Statements in other media that merely summarized the 2020 article’s findings could not give rise to liability.

Journalism 64

Journalism False Advertising Publishing Litigation 64

43(B)log

DECEMBER 22, 2022

Hoffman alleged that a survey highlighted in “Prepared Foods” magazine in 2018 noted that “60% of consumers. And the use of “Wildflower” to describe the honey “bolsters the impression that actual honey is in the Product.” look for honey on the product label” and that “about half of consumers would pay at least 5% more for food.

False Advertising 64

False Advertising Advertising Advertising 64

Indiana Intellectual Property Law

MARCH 17, 2023

Due to being improperly registered as a Monkey Rung product and not a Roller Ready, LLC product all of the recognitions affiliated with this award (hardware retailing web site, plaque and magazine) were granted to Monkey Run and not to Roller Ready, LLC.

Business 40

Business Marketing Marketing Branding 40

43(B)log

MARCH 31, 2023

Nimmer even uses a relevant example: “if author A submits a story to editor E at a magazine for consideration. Still, though a transfer of the material object could normally evidence an intent to transfer the underlying common law copyright, the issue was always the intent of the transferor.

Ownership 45

Ownership Art Copyright Registering Trademarks 45

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Branding 52

43(B)log

JANUARY 10, 2025

The challenged claims were made in a trade magazine for the petroleum industry; on a blog post on Graces website; and, sometimes with greater elaboration, in direct outreach to certain customers. Moreover, Graces analysis was not published in a peer-reviewed scientific journal, but rather in a trade magazine and on its own website.

False Advertising 52

False Advertising Advertising Advertising Journalism 52

43(B)log

MARCH 14, 2025

The Gordon Companies also sent a press release to at least fifteen media outlets, including the Boston Globe, Boston Common Magazine, Wine Spectator, and Forbes: The Gordon Companies Partner with The White Elephant to Present a Newly Branded Nantucket Food & Wine Experience.

False Advertising 52

False Advertising Ownership Branding Brands 52