43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. A whole industry exists of social media influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Branding Branding 49

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The counterclaims lacked merit, given the litigation privilege, and the court would reach the same result under FRCP 12(b)(6) if the anti-SLAPP statute didn’t extend to foreign defendants.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Damages experts: The court began with a statement that a Lanham Act [false advertising] plaintiff must prove causation to get damages. 17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. test/control stimuli His survey population differed somewhat as did the control group/questions.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 22, 2023

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. Under these theories, Usana would have been aware of the ongoing litigation between MacWilliam, NutriSearch, and Ariix.”

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

JULY 6, 2022

All were limited to individuals who purchased JUUL products from brick and mortar or online retailers (with the usual exclusions for those involved in the litigation). Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. In Re Juul Labs, Inc.,

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

FEBRUARY 24, 2024

State bars don’t have standing requirements and you don’t have to litigate in the case itself. I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. NYU Press, 2016).

Fair Use 45

Fair Use Branding Branding Brands 45

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content. [My

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability? We don’t need to reform advertising law; we need to reform agency law. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context. In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

Technology & Marketing Law Blog

FEBRUARY 20, 2025

Some of them described themselves and why they read the blog: “A senior director on our legal team forwarded one of your blog posts to a few of us on the litigation team a few days into me starting in-house. ” “Im a litigator often specializing in internet law related issues, particularly under Section 230.

Blogging 52

Blogging Business Advertising Advertising 52

LexBlog IP

MARCH 1, 2022

For instance, during the Trump presidency, then-California Attorney General Xavier Becerra sued the federal government more than 110 times, spending tens of millions of dollars on litigation on a wide variety of issues spanning immigration, voting rights and climate change, among others. Mexico border. Takeaway No. Takeaway No.

Privacy 52

Privacy Social Media 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. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75