43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? There was also no copyright preemption. City of Los Angeles, 697 F.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Copyright Lately

SEPTEMBER 29, 2024

In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment. Effect on the market : Atari alleged that it has an active licensing business extending its brand into advertising, merchandising, and other areas.

Fair Use 113

Fair Use Copyright Artwork Social Media 113

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 56

Television Social Media Advertising Advertising 56

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.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. Yes: They plausibly pled “a commercial interest in giving scientific presentations, appearing on scientific television shows, and participating in science-related events.” Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”

Law 59

Law Advertising Advertising False Advertising 59