Patently-O

APRIL 17, 2024

Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. 1125(a)(1)(B) (Section 43 of the Lanham Act).

False Advertising 115

False Advertising Advertising Advertising Patent 115

43(B)log

AUGUST 22, 2022

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] City of Los Angeles, 697 F.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Copyright Lately

SEPTEMBER 29, 2024

The court noted that determining whether a use is de minimis involves both quantitative and qualitative assessments—how much of the copyrighted material was copied and how significant that copying was. The judge dismissed the business disparagement, false advertising, unfair competition, and unjust enrichment claims.

Fair Use 113

Fair Use Copyright Artwork Social Media 113

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. Deliberate copying was irrelevant. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. Yet both artists won.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. HULM Entertainment v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124