43(B)log

MARCH 9, 2022

As the licensee, Brown Bottling had “standing to bring false affiliation claims under Section 43(a).” Then the court recited the elements of false advertising under §43(a)(1)(B), and then it identified the multifactor confusion test as the relevant test, so your guess is as good as mine about what provision is at issue.

False Advertising 59

False Advertising Trademark Marketing Marketing 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Vimeo appeared first on Technology & Marketing Law Blog. 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

43(B)log

APRIL 29, 2024

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble appeared first on Technology & Marketing Law Blog. Alkutkar used the dating app Bumble. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 127

False Advertising Marketing Marketing Advertising 127

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

OCTOBER 6, 2021

EBPHI administers and owns the National Home Inspectors Examination (NHIE), an exam many states use to license home inspectors. In addition to being a membership association for home inspectors, InterNACHI also offers a competing licensing exam for the home inspection industry. Two entities, EBPHI and ASHI, sued InterNACHI.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Jose Antonio Arochi: Mexico doesn’t have specific regulations.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration.

False Advertising 84

False Advertising Government Privacy Designs 84

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 112

IP Copyright Trademark Intellectual Property 112

43(B)log

AUGUST 3, 2023

TM law should facilitate disclosure or it will fall behind market. Sheff: What about licensing/merchandising in this system? Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). Expand social media monitoring.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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. May 20, 2021) (R&R) renting existing equipment; Pine was formerly one of Proactive’s licensed distributors for the pumps.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 19, 2022

licensing) for roles. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. A: they would!

Law 119

Law Branding Brands Branding 119