43(B)log

APRIL 25, 2022

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. The medical board’s license is its statement even if the doctor is the one who frames it and displays it on their wall.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

AUGUST 27, 2021

Plaintiffs allegd both direct and contributory false advertising, which requires (1) that the “third party in fact directly engaged in false advertising that injured the plaintiff” and (2) “that the defendant contributed to that conduct either by knowingly inducing, or causing the conduct, or by materially participating in it.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

OCTOBER 18, 2024

Although the court dismissed a contract claim, copyright and false advertising claims survived. And they allegedly copied golf courses created on Perfect Golf’s course design platform. Estoppel/license defenses were also premature, and the complaint satisfied the discovery rule on its face for statute of limitations purposes.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. De Simone then split from VSL, which eventually lost the license for the De Simone Formulation and attempted to reverse engineer it/replace it.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

AUGUST 11, 2021

I]ts primary funding source is the sale and licensing of publications containing its copyrighted works.” UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. It sells I-Codes and Custom Codes through its online store, along with access to additional features through its premiumACCESS tool. “[I]ts

False Advertising 64

False Advertising Copying Advertising Advertising 64

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230. eBay case from 2008.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. RectorSeal also sells a product known as the Metacaulk Box Guard.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

OCTOBER 12, 2022

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Case citation : Freethinker v. Google LLC , 2024 WL 2809371 (Cal.

Contracts 98

Contracts Designs Design Publishing 98

43(B)log

NOVEMBER 13, 2023

8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised that they’re in compliance with Section 503A of the FDCA, governing compounding. 2023 WL 7390842, No.

False Advertising 71

False Advertising Advertising Advertising Government 71

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Copyright Lately

SEPTEMBER 29, 2024

In Atari’s case, Judge Fitzwater noted that the Crystal Castles arcade cabinet appeared in the center of nearly every frame of State Farm’s ad, even though parts of the design were obscured by actors and the marquee was replaced with a different title.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

43(B)log

JUNE 14, 2022

May 25, 2022) Alcon sued Lens.com for federal and state false advertising and trademark claims. For example, the “Rx Only” symbol, according to Alcon’s own product inserts, means “CAUTION: Federal (United States) law restricts this device to sale by or on the order of a licensed eye care professional.” Alcon Vision, LLC v.

False Advertising 72

False Advertising Trademark Advertising Advertising 72

43(B)log

FEBRUARY 17, 2022

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. What about statements about how a product was “designed”? Elysium said that its proprietary formulation of two ingredients was “designed” to work together synergistically. for the control.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

AUGUST 5, 2022

LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. To say we are disappointed by the events that transpired as a result of this license is an understatement. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

JUNE 6, 2023

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). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Controller of Patents & Designs Patent Office Mumbai. Microsoft Technology Licensing v. the licensee. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 18, 2022

However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. They argued that B&D could grant a license and be protected as long as the owner exercised quality control. Nor was evidence of the quality of the licensed product “per se irrelevant.” The court of appeals disagreed.

Trademark 64

Trademark Licensing Branding Brands 64

43(B)log

NOVEMBER 27, 2023

But DNP isn’t actually licensed to practice law. MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

Technology & Marketing Law Blog

DECEMBER 9, 2022

Here’s a not-so-short list of other laws that might apply to web scraping: Copyright, trademark, breach of contract, unfair competition, unfair and deceptive trade practices, trespass to chattels, conversion, state law trade secrets, the DTSA, tortious interference with a contract, tortious interference with a prospective economic advantage, dilution, (..)

Blogging 131

Blogging Law Contracts Cease and Desist 131

IP and Legal Filings

SEPTEMBER 21, 2021

Additionally, a brand can also license a trade dress in order to obtain monetary advantages. This implies that the configuration and arrangement of shapes, designs, colors, materials that form the trade dress will not be protected if it serves a utilitarian purpose. Image Source: gettyimages].

Law 52

Law Branding Brands Branding 52

43(B)log

MAY 22, 2023

BY VOL’ in light of the other flashier language and design of the packaging.” Sazerac further argued that McKay should have known that the products he bought in a gas station were not whisky because gas stations are not licensed to sell hard liquor. He may not know that a gas station store can sell malt but not whisky.

Licensing 59

Licensing Law Branding Brands 59

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. False advertising should be avoided when defaming a product. Avoid using brand names, logos, trademarks, and copyrighted material without first obtaining the relevant permits and licenses. Reviews should be accurate and fact-based.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

DECEMBER 7, 2021

In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. But “[c]ommercial speech encompasses not merely direct invitations to trade, but also communications designed to advance business interests.” That was pled here.

Advertising 59

Advertising Advertising Confidentiality Business 59

43(B)log

SEPTEMBER 6, 2023

Then Zillow unveiled a two-tab design, which segregated content between tabs (or webpages) labeled as “Agent listings” and “Other listings.” REX’s listings come from licensed brokers and agents; they qualified as agent listings, as opposed to for-sale-by-owner (“FSBO”) or non-agent listings.

Advertising 45

Advertising Advertising Licensing Designs 45

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. Some sort of naked licensing/transfer in gross? NYU Press, 2016).

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Sheff: What about licensing/merchandising in this system? But is generative AI really the same? Are the outputs copies of the training data?

Social Media 40

Social Media Fair Use Advertising Advertising 40

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Designed in US” can also work. New bill: regulating online programmers like Netflix, though UGC will be excluded (but might be included if commissioned for or developed by the service). This can include use of flags, eagles.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 24, 2023

Be willing to let go of shorthands: LOC is probably not a useful concept for what TM is actually doing now; so too with distinctiveness and source identification in a world of licensing and outsourcing and merchandising. Do we value easy to apply rules? Or more flexibility for new tech and interests as they arise?

Trademark 69

Trademark False Advertising Fair Use Branding 69

43(B)log

FEBRUARY 10, 2025

combined together for at least two decades to fraudulently represent that they had and still have a copyright on the LOVE image and engaged in false licensing to the tune of millions of dollars, harming plaintiff, which is authorized to produce and market the HOPE [i]mage and is in direct competition with the LOVE image.

Public Domain 52

Public Domain Licensing Copyright False Advertising 52

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. 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

APRIL 1, 2025

Here, the Lanham Act false advertising claim survives for a jury, but the RICO claims are tossed out on summary judgment because theyre RICO claims. Consequently, this amusement device is designed to provide no contest and no chance in the games offered to its players. Torch doesnt have a gaming license.

Advertising 52

Advertising Advertising False Advertising Law 52