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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Technology & Marketing Law Blog

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.

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crypto lender plausibly violated UCL via unlawfulness and deceptiveness

43(B)log

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., In addition, Jeong alleged that Nexo violated the unlawful prong of the UCL by offering loans in California despite lacking a California Finance Lender (CFL) License.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

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., collectively.” .…

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

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Intellectual Property Rights for Social Media Influencers

IIPRD

Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. False advertising should be avoided when defaming a product.