43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising.

Trademark 59

Trademark False Advertising Advertising Advertising 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

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

AUGUST 27, 2024

The control group was shown a “workup” of what a “Plaid branding only” user interface would look like. The survey explained to respondents what was happening; they could click on and read the Plaid privacy policy before going forward. This went to the claim that required evidence of damage to goodwill (that is, false advertising).

Branding 52

Branding Branding Brands False Advertising 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Evolving norms of communication and branding both have no punctuation/capitalization: lululemon.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

OCTOBER 27, 2023

Trademark infringement through misleading use of logos or branding: Dark patterns might involve the deceptive use of logos, brand names, or trademarks to mislead users into making purchases or signing up for services they didn’t intend to. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property Design Designs False Advertising 52

43(B)log

FEBRUARY 25, 2023

How to survey arbitrariness/TM function: Washingmachine.com in booking.com—maybe along with not sure we also need the option “neither a common name nor a brand name.” There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. This isn’t wholly empirical.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. RT: Counterargument: The price differential with the strong brand is empirically robust over decades because of the consumer preference for national brands.

Law 91

Law Branding Branding Brands 91

SpicyIP

NOVEMBER 8, 2024

Publicity rights are less about protecting vulnerable creators and more about extending the earning power of celebrity brands. We Already Have Laws for That : Existing laws on fraud, misrepresentation, and false advertising already protect against genuine cases of consumer deception. This distinction is crucial.

Privacy 64

Privacy False Advertising Personality Rights Branding 64

LexBlog IP

MARCH 1, 2022

Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. 8: California Privacy Enforcement Update. 9: Colorado and Virginia Follow California’s Privacy Lead.

Privacy 52

Privacy Social Media Advertising Advertising 52