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.” Despite Doe v. Case citation : Bride v.

False Advertising 88

False Advertising Social Media Publishing Advertising 88

Technology & Marketing Law Blog

DECEMBER 14, 2022

Both the Tweet and the article, which appear in the video posted by the Defendants, indisputably place Kogan’s photo with Jackson next to images and text that promote penile enhancement surgery and the Defendants’ business. If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation.

Social Media 117

Social Media False Advertising Advertising Advertising 117

Copyright Lately

MARCH 31, 2024

To make matters worse, State Farm’s resident do-gooder “Jake” lands a Fonzie-style smack on the Crystal Castles machine to get it working—”suggesting falsely and disparagingly to consumers that Atari’s cabinets are low-quality, faulty, and/or unreliable.”

Copyright 79

Copyright Fair Use Social Media Artwork 79

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

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False Advertising Advertising Advertising Social Media 57

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Purlife Brands, Inc., 2023 WL 3046592, No.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. YouTube appeared first on Technology & Marketing Law Blog. Google LLC , 2024 WL 2809371 (Cal.

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Contracts Designs Design False Advertising 77

IP and Legal Filings

SEPTEMBER 14, 2023

This blog intends to explore this fine line as well as means to navigate this issue at hand to properly protect and encourage environmentalism and prevent these business giants from misusing trademarks to foster consumer trust. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

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Branding Brands Branding Trademark 83

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

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Advertising Advertising Settlement Contracts 62

43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

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Advertising Advertising False Advertising Marketing 57

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Toyota, 610 F.3d 3d at 1177.

Fair Use 67

Fair Use False Advertising Social Media Advertising 67

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.

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False Advertising Contracts Branding Brands 48

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 57

Social Media False Advertising Advertising Advertising 57

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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Advertising Advertising False Advertising Marketing 78

43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” The COVID-19 Act was enacted on December 27, 2020. It filed suit on April 15, 2021.

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Government Advertising Advertising Social Media 52

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 62

Artistic Work Television Trademark Trademark Law 62

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Another theory of harm came from allegations that the executive defendants and some of the promoter/influencer defendants were selling off their tokens as they promoted them, engaging in market manipulation.

Due Diligence 62

Due Diligence False Advertising Social Media Advertising 62

43(B)log

FEBRUARY 24, 2024

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. User names on social media may or may not include trademarks; user bios give more information. It’s like with CPB.

Fair Use 44

Fair Use Branding Brands Branding 44

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. When it was an authorized Axon distributor, LHB’s owner registered various domain names including taser.org and tasers.org to help it market Tasers online.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? There was clear knowledge of the automatic stay, given that “Charter premised the campaign on false assertions regarding the Debtors’ bankruptcy cases.” Diecast Marketing Innovations, LLC (In re Collecting Concepts), 2000 Bankr.

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

Though, the statement of object states that the aim is “Ease of Living and Doing Business in India, the Bill ( now the Jan Vishwas Act, 2023)) significantly dilutes (also see here ) certain important provisions of these statutes. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

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IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 3, 2023

Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). TM law should facilitate disclosure or it will fall behind market. 57% say sellers could be liable for false etc. Did they influence how you advertise? Expand social media monitoring.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? Moseley on remand: use on a sex-related business is presumed to tarnish. (2)

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

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IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. In 2021, a judge rejected several California counties’ challenges to opioid medication marketing materials. 5: Marketing to Minors. Takeaway No.

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Social Media Privacy Advertising Advertising 52