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.

False Advertising 57

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.

Contracts 77

Contracts Designs Design False Advertising 77

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects. They didn’t advertise any alternative or promote a specific product.

Advertising 57

Advertising Advertising Social Media False Advertising 57

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” VPX definitely didn’t prove truth.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. The objective is to mislead the consumers knowing well the marketability of this concept. Another pertinent aspect is the effect of its disposal to the environment.

Branding 83

Branding Brands Branding Trademark 83

43(B)log

MARCH 21, 2024

Peacock alleged that Pabst violated consumer protection law by marketing “The Original Olympia Beer” as using naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, Washington) “despite the product being brewed elsewhere in the country using lower quality water and brewing methods.” Pabst Brewing Co.,

Social Media 57

Social Media Marketing Marketing Designs 57

43(B)log

MARCH 22, 2023

20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. Then he informed Usana executives that “I should not be on the board or a representative anymore because it looks like I’m biased. pitch the guide to end consumers.”

Editing 57

Editing False Advertising Social Media Marketing 57

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 57

Social Media Marketing Marketing Advertising 57

43(B)log

FEBRUARY 17, 2022

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. It was also first to market.)

Advertising 78

Advertising Advertising False Advertising Marketing 78

43(B)log

JUNE 27, 2024

And, as to claims that the vodka had health benefits that may help with personal fitness and weight management, the Alcohol and Tobacco Tax and Trade Bureau (TTB) views such representations as “mislead[ing] consumers by presenting incomplete information about the health effects and nutritional content of alcohol beverages.”

Advertising 62

Advertising Advertising Social Media Law 62

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

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. ” In general, advertisements provide consumers with information regarding products or services for sale in commerce.

Government 52

Government Advertising Advertising Social Media 52

43(B)log

AUGUST 3, 2023

So too w/false advertising. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent. Assumptions skipped over in TM/false advertising analysis.] Merely descriptive=immediately conveys information about feature, function, or characteristic. TESS is a mess.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

TMs are a proxy for all sorts of info and goodwill, but there are other things that are proxies for that and have always been—selling in a certain marketplace or mall gives information; being the first listing in the Yellow Pages (might be the first nonsense marks!). Amazon is used for more product search than Google. It’s like with CPB.

Fair Use 44

Fair Use Branding Brands Branding 44

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

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” Important Information Enclosed for Windstream Customers." Diecast Marketing Innovations, LLC (In re Collecting Concepts), 2000 Bankr.

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. GoDaddy LLC, Dynadot LLC to immediately lock and suspend the domain names [link] , [link] and [link]. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 3, 2023

Not transparent/information asymmetry for consumers. This rule facilitates information asymmetry that can harm consumers by adding information costs. TM law should facilitate disclosure or it will fall behind market. 57% say sellers could be liable for false etc. Expand social media monitoring.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

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? MLMs vary on type of guidance they give sellers about legal restrictions on marketing claims.

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. 18, 2021), held functional the defendant’s informational use of colored mixing tips for dental equipment to show which mixing tip should be used with which materials.

IP 94

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.

Social Media 52

Social Media Privacy Advertising Advertising 52