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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

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.

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Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

Technology & Marketing Law Blog

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. If he is, either the clinic is violating medical privacy rules or 50 Cent consented to the disclosure, and that consent could potentially extend to the photo. This opinion raises more questions than it answers.

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Unreasoned Orders for Personality Rights

IP and Legal Filings

For example, can personality rights be viewed as an extension of the right to privacy? Scripps-Howard, the US Supreme Court distinguished the right of publicity from the right to privacy and ruled in favor of Zaccchini for the unauthorized broadcast of his performance by the defendant under publicity rights. In Gautam Gambhir v.

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Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap

Technology & Marketing Law Blog

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” Case citation : Bride v. 2023 U.S.

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delay bars ROP/Lanham Act claims when Facebook use was open and plaintiffs were aware of lots of unauthorized use

43(B)log

The court certified a question to the Massachusetts Supreme Judicial Court: Under what circumstances, if any, is material publicly posted to social media platforms inherently unknowable for purposes of applying the discovery rule in the context of defamation, right to publicity, right to privacy and related tort claims?

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. So the burden falls to Princeton to show that its exclusion is valid.” about your goods, products or services”).

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False endorsement remains broader than many state ROP laws

43(B)log

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

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