43(B)log

SEPTEMBER 1, 2021

It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” The managing director declared “[a]t the time that I chose the name Peaky Blinder, I had never heard of [Plaintiff’s] Peaky Blinders television program.

Social Media 93

Social Media Television False Advertising Artistic Work 93

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.

Television 70

Television Social Media Advertising Advertising 70

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 57

Social Media False Advertising Advertising Advertising 57

43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

Advertising 57

Advertising Advertising False Advertising Government 57

43(B)log

SEPTEMBER 8, 2021

20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder.

Ownership 98

Ownership Television Music False Advertising 98

43(B)log

OCTOBER 6, 2021

Yes: They plausibly pled “a commercial interest in giving scientific presentations, appearing on scientific television shows, and participating in science-related events.” 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 57

Law Privacy False Advertising Social Media 57

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. As one of MGFB’s principals testified as to Kenny Chesney’s televised concert: [H]e asked permission to do it, and we told him it was fine. It was him.

Artistic Work 62

Artistic Work Television Trademark Trademark Law 62

43(B)log

MAY 3, 2023

“Defendant’s argument confuses the question of whether a reasonable consumer would likely be misled by an allegedly false advertisement with the separate question—relevant where reliance is at issue—of whether an individual consumer was misled by the advertisement….

Music 57

Music False Advertising Advertising Advertising 57

43(B)log

SEPTEMBER 14, 2021

In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered. Beyond 79, LLC, 2020 WL 9848431, No. 18-CV-00837 EAW (W.D.N.Y. 15, 2020) Previous opinion. That’s a question of fact.

False Advertising 44

False Advertising Advertising Advertising Television 44

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Hepp is a television newscaster. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue. About the Case. I even agree with the latter point!)

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. Previously, a rate of 2% of the Net Advertisement Revenue (NAR) of the earnings of each FM Radio station was fixed for all music providers by the Copyright Board.

IP 124

IP Copyright Trademark Intellectual Property 124