43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled. This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL.

False Advertising 45

False Advertising Ownership Advertising Advertising 45

43(B)log

NOVEMBER 8, 2021

Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services. Unjust enrichment: Unlike some treatments of this type of claim, the opinion here dismissed unjust enrichment as duplicative of the breach of contract claim.

Contracts 64

Contracts Government Marketing Marketing 64

43(B)log

FEBRUARY 7, 2022

So too for breach of contract claims: CUTPA provides that “[a]n action under [CUTPA] may not be brought more than three years after the occurrence of a violation.” But claims under the consumer protection laws of other states were governed by their timeliness rules, not Connecticut’s.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

JANUARY 13, 2022

The ”Official Rules” stated, in relevant part (uncapitalized because I actually would like you to be able to read this): “The California courts (state and federal) shall have sole jurisdiction of any controversies regarding the promotion and the laws of the state of California shall govern the promotion. So, which contract governed?

Contracts 59

Contracts Advertising Advertising Government 59

43(B)log

FEBRUARY 8, 2024

Sirius XM customer-service agents are allegedly instructed to tell those subscribers who do find out about the Fee “that the Fee is a government-related fee and/or that [it] is outside of Sirius XM’s control.” The “duty to read” terms properly “called to [a consumer’s] attention” does not imply a “duty to ferret out contract provisions.

Music 59

Music Contracts Advertising Advertising 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. If the law says that Google is a common carrier, expecting more speech governance is irrational. Amazon may also be able to redefine information by contract. But these roles support only very thin social norms.

Law 91

Law Branding Brands Branding 91

43(B)log

JULY 8, 2024

Scientists and government regulators allegedly identified Delta “as one of many companies who have grossly misstated the actual carbon reduction produced by their carbon offset portfolio.” Berrin alleged she paid a price premium based on the deception, asserting the usual California statutory claims. Wolens, 513 U.S.

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

SEPTEMBER 29, 2021

In civil cases, courts have recognized a denial of due process only if the government actively thwarts a party from obtaining a lawyer or prevents it from communicating with counsel. There was no “indirect right to fund and retain the counsel through an insurance contract.”

Contracts 45

Contracts Government Law False Advertising 45

43(B)log

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. If, as the FTC seems to contend, Defendants made false representations to the IRS to secure GCU’s nonprofit classification,” then there wouldn’t be a binding government determination of status.

Advertising 52

Advertising Advertising Business Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Thus, the 10 lifetime NOCIs threshold is a ruse to mislead people that smaller services aren’t governed by the law, when of course they will be. Normally trademark owners aren’t third-party beneficiaries of that contract. What’s Regulated? Also, product shots have been a constant source of copyright litigation.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 4, 2024

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.

Contracts 98

Contracts Designs Design Publishing 98

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Yes, privacy, defamation, and property are at the governance seam. Cablevision.

Privacy 45

Privacy Fair Use Fanworks Government 45

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Hecho in Mexico is a certification; must be (majority) produced in Mexico, not precisely corresponding to AOs or GIs, but permit coming from Mexican government. Mattero v.

Advertising 40

Advertising Advertising Law Privacy 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

FEBRUARY 3, 2023

Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? Second, Rogers does not impose a materiality requirement, and it is hard to see how the government has a compelling interest in protecting consumers from confusion they don’t care about.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

FEBRUARY 20, 2025

” “I am a law professor who teaches and writes about intellectual property and entertainment law with a focus on trademarks and false advertising, particularly online.” I think the internet in general an[d] Social Media and AI specifically, should be open to the 1st amendment and not interfered by government.

Blogging 52

Blogging Business Advertising Advertising 52

43(B)log

MARCH 14, 2025

She then emailed Gordon: [j]ust to confirm I should not be expecting Nancy to come at us to try and secure that weekend since you have a contract with White Elephant correct? The court relied on Massachusetts General Laws Chapter 93A and did not analyze the claims as Lanham Act false advertising.

False Advertising 52

False Advertising Ownership Branding Brands 52

43(B)log

DECEMBER 19, 2022

Plaintiffs brought claims under California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act against Coinbase and Marden-Kane, Inc., Issues of contract formation may not be delegated to an arbitrator. a company hired by Coinbase to design, market, and execute the sweepstakes.

Contracts 59

Contracts False Advertising Advertising Advertising 59

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. Example from recent case: Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

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

Technology & Marketing Law Blog

OCTOBER 14, 2024

” By definition, every contract of every type involves a bilateral exchange of contract consideration, so this logic suggests that every contract represents a statutory “sale”? Trump The post Court Revives Indiana AG’s False Advertising Case Against TikTok–State v.

False Advertising 105

False Advertising Advertising Advertising Contracts 105