False Advertising Marketing Television 
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). See Zenith Elecs.
43(B)log
AUGUST 22, 2022
The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. There was also no copyright preemption. 3d 1146 (9th Cir.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
43(B)log
SEPTEMBER 21, 2021
3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave to amend as to injunctive relief claims. The TVs weren’t allegedly worthless if truthfully advertised. Was this plausible?
Technology & Marketing Law Blog
SEPTEMBER 23, 2021
Hepp is a television newscaster. ” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” About the Case.
43(B)log
SEPTEMBER 1, 2021
It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” The managing director declared “[a]t the time that I chose the name Peaky Blinder, I had never heard of [Plaintiff’s] Peaky Blinders television program.
Copyright Lately
SEPTEMBER 29, 2024
The company claimed the ad’s use of the Crystal Castles cabinet was de minimis —too fleeting and trivial to constitute infringement—and that it was protected under the fair use doctrine, asserting that the commercial had no conceivable impact on the market for Atari’s game. Conversely, in Ringgold v.
43(B)log
SEPTEMBER 14, 2021
The parties compete in the market for buying gold from ordinary people. In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered.
Expert insights. Personalized for you.
115 
Let's personalize your content