Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 105

Blogging False Advertising Litigation Marketing 105

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” The complaint.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Facebook appeared first on Technology & Marketing Law Blog. Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The post Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

JANUARY 25, 2022

Among other things, Mito Red alleged that blog posts/video such as “Mito Red Light Therapy Scam: What Are They Lying About?” The statement that “Leaders come first and then all the followers. Mito Red here is the follower” was puffery. The same results followed for the defamation claims.

Design 59

Design Designs Privacy Blogging 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.].

Trademark 144

Trademark False Advertising Advertising Advertising 144

43(B)log

DECEMBER 29, 2022

MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. Invasion of privacy: Jackson’s allegations supported misappropriation and false light theories. Lanham Act false endorsement: Yep. False advertising: Same. Anyway, consent was a factual issue.

Blogging 59

Blogging False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

Advertising 126

Advertising Advertising Trademark Settlement 126

Technology & Marketing Law Blog

FEBRUARY 20, 2025

This post is all about you…readers of the blog! My blog post usually aren’t meant to be accessible to beginners. As a result, since nearly the blog’s beginning, I’ve done little to cater to beginners. I’m very grateful for your blog!” I always learn something new.”

Blogging 52

Blogging Business Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 14, 2024

The State’s amended complaint in Cause PL-401 alleges that, in its privacy policy, TikTok has omitted information on which a reasonable person would likely rely in deciding whether to download and access the app—namely, that the government of China would have access to TikTok’s collected personal data.

False Advertising 105

False Advertising Advertising Advertising Contracts 105