The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

AUGUST 20, 2021

People in the industry use subscription pharmaceutical drug information databases to fulfill prescriptions and determine whether generic substitutes are available for brand named products. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JULY 25, 2024

It also allegedly “selected the design and colors to help with brand identification; the purple, for example, complements Overjet’s purple brand color.” Online advertising and presentations during trade shows appear to be a starting point for potential purchases, but do not alone drive such decisions. Overjet, Inc.

Copyright 59

Copyright False Advertising Advertising Advertising 59

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Maintain your distinct brand identity. . False advertising should be avoided when defaming a product. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

AUGUST 10, 2021

Shenzhen allegedly placed orders without paying for them to “lock up” Drone Whirl’s gnome inventory; bribed Shenzhen’s customers to submit bad reviews of Drone Whirl’s products; and distributed pamphlets to its customers containing false or misleading statements about Drone Whirl’s products.

Advertising 59

Advertising Advertising Design Designs 59

43(B)log

MAY 3, 2023

The breach of warranty claims were properly dismissed because MacNaughton failed to allege proper notice and privity of contract. Yet, if the company falsely advertised that you could ‘blow a bubble bigger than your own head,’ it is plausible that a reasonable buyer could be misled.”

Law 40

Law False Advertising Advertising Advertising 40

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

MARCH 20, 2023

They sued for violations of Washington’s Consumer Protection Act, breach of contract, breach of express warranty, and breach of implied warranty. They alleged that, had they known Solimo’s true melatonin dosage, they would not have purchased it at any price. The court denied Amazon’s motion to dismiss.

Law 64

Law Advertising Advertising Contracts 64

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Branding 49

LexBlog IP

AUGUST 7, 2023

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. This is where trademarks truly reflect as a brand identity and shape a very rapid recognition. It has also brought a lot of challenges.

Social Media 102

Social Media Trademark Branding Brands 102

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

43(B)log

MARCH 14, 2025

An email announcement sent to a cultivated list of industry professionals, including wine vendors, chefs and restaurant owners stated, in relevant part: The Gordon Companies is thrilled to announce that we have partnered with White Elephant Resorts to present the newly branded Nantucket Food And Wine Experience.

False Advertising 52

False Advertising Ownership Branding Branding 52

43(B)log

FEBRUARY 3, 2023

Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. Lemley: similarly it’s been proposed that liability should follow the brand, e.g. for franchising. Interviews/surveys?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 28, 2022

Healthvana sued in May 2020 for trademark infringement, unfair competition, and false advertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. RT: Counterargument: The price differential with the strong brand is empirically robust over decades because of the consumer preference for national brands. Amazon may also be able to redefine information by contract.

Law 91

Law Branding Branding Brands 91