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 78

Copyright Fair Use Social Media Artwork 78

Technology & Marketing Law Blog

DECEMBER 14, 2022

Kogan made a similar post to her account : MedSpa and Kogan published the photo other times as well. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. When is a video showing content published on social media an advertisement, and when it is a documentary?

Social Media 118

Social Media False Advertising Advertising Advertising 118

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 59

False Advertising Advertising Advertising Social Media 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

FEBRUARY 26, 2024

US News began publishing a specialty ranking of online master’s degrees in education in 2013, when USC Rosier’s online Master of Arts in Teaching program ranked #44. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

Advertising 59

Advertising Advertising False Advertising Marketing 59

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).

Contracts 77

Contracts Designs Design False Advertising 77

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

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

JUNE 21, 2023

5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” Grimmway Enters., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D.

Law 72

Law Social Media Reporting Business 72

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59

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

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. They also asserted several other claims against Qatar alone for engaging in a “hack-and-smear campaign” against Broidy, including CFAA, DMCA, and DTSA claims.

Law 59

Law False Advertising Social Media Branding 59

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 arranged the initial publishing agreement between NutriSearch, MacWilliam, and the publisher. “As

Editing 59

Editing False Advertising Social Media Marketing 59

SpicyIP

DECEMBER 30, 2023

HarperCollins Publishers India Pvt. Based on the above reasoning, the Court refused to grant an injunction against the novelization of Nayak’s screenplay by Harper Collins Publishers India Pvt. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024.

IP 113

IP Copyright Trademark Intellectual Property 113

43(B)log

FEBRUARY 3, 2023

Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability? Web of federal and state regulation.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94