43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

JULY 15, 2024

“The test group was presented five pages from StockX’s website featuring the Authenticity Statements, and the control group was presented with similar webpages that featured versions of those statements that omitted references to ‘authentication’ or substituted them with references to ‘inspection.’”

False Advertising 69

False Advertising Branding Brands Branding 69

Technology & Marketing Law Blog

DECEMBER 14, 2022

But even if the Court afforded the “thanks” portion of the caption no promotional value, the remainder clearly promotes the Defendants by referring to MedSpa as “the number one med spa” and associating it with a “#celeb” and “#vip.”. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation.

Social Media 118

Social Media False Advertising Advertising Advertising 118

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. Its social media posts featured photos of the Leo’s Loo products, but those posts were tagged, at least in part, with #litterrobot, #LitterRobot, and #litterrobot3.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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 59

False Advertising Advertising Advertising Contracts 59

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 59

Advertising Advertising Social Media Contracts 59

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

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. First Amendment: Plaintiffs sufficiently alleged that the trailer was false, commercial speech, defeating a First Amendment defense. of a motion picture.” The fraudulent UCL and FAL claims qualified.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

Personality Rights 87

Personality Rights Privacy Trademark Law False Advertising 87

IP and Legal Filings

SEPTEMBER 14, 2023

The term refers to the usage of aspects of environmental protection in their trademarks and logos, overstating their commitment towards the cause, as a means of deceiving people into purchasing their products and services. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 82

Branding Brands Branding Trademark 82

Technology & Marketing Law Blog

JUNE 12, 2022

However, because Plaintiffs do not earn revenue from consumers who utilize services from a Martino-endorsed company, the fact that HomeAdvisor earned revenue from its ads does not demonstrate that Defendants’ advertisements caused any revenue to be diverted away from Plaintiffs.” ” Arizona Board of Regents v. 21-16525 (9th Cir.

Trademark 90

Trademark Advertising Advertising False Advertising 90

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. The court granted summary judgment to MaxRelief.

Television 72

Television Social Media Advertising Advertising 72

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 59

Social Media Marketing Marketing Designs 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 22, 2023

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. Sales representatives are told to purchase the guide, “learn it, refer to it in making sales, and. pitch the guide to end consumers.”

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.] Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

OCTOBER 6, 2021

Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. LHB currently owns 64 domain names containing references to Taser or Axon Taser models. “ logos on their materials to identify their social media accounts.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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 119

False Advertising Advertising Advertising Law 119

43(B)log

AUGUST 3, 2023

Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Exploitative: 99% make no profit/lose money; stuck w/unwanted inventory; exploitative based on false promises of wealth and miracle products—the seller gets free advertising.

Social Media 52

Social Media Fair Use Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. The judgement was passed by a Single Judge Bench of Justice Manish Pitale. Indian Performing Right Society Ltd. Makemytrip (India) Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

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 75

False Advertising Advertising Advertising Trademark 75