43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. Lanham Act false advertising counterclaim: IDT argued that, at most, its “Made in USA” statements were ambiguous. There’s more, including public disputes on Craigslist. Thus, Creager failed to show falsity or misleadingness.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP and Legal Filings

MAY 13, 2023

Therefore, the right to publicity in the US aims to prevent the unfair appropriation of an individual’s celebrity for commercial gains, indicating a close association with false advertising law. References [link] [link] Facebook Twitter LinkedIn WhatsApp The post Unreasoned Orders for Personality Rights first appeared on IPLF.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

IP and Legal Filings

SEPTEMBER 14, 2023

The term refers to the usage of aspects of environmental protection in their trademarks and logos, overstating their commitment towards the cause, as a means of deceiving people into purchasing their products and services. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 98

Branding Brands Branding Trademark 98

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.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. VPX also allegedly advertised Super Creatine as providing the health benefits of “creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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

FEBRUARY 14, 2025

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?

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

JULY 15, 2024

“The test group was presented five pages from StockX’s website featuring the Authenticity Statements, and the control group was presented with similar webpages that featured versions of those statements that omitted references to ‘authentication’ or substituted them with references to ‘inspection.’”

False Advertising 69

False Advertising Brands Branding Branding 69

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. Its social media posts featured photos of the Leo’s Loo products, but those posts were tagged, at least in part, with #litterrobot, #LitterRobot, and #litterrobot3.

False Advertising 45

False Advertising Advertising Advertising Social Media 45

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Factors supporting a commercial speech characterization include “[l] the speech is an advertisement, [2] the speech refers to a particular product, and [3] the speaker has an economic motivation.” Tornillo, 418 U.S.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Technology & Marketing Law Blog

JUNE 12, 2022

“the WooLash advertisement that appeared after the “boostlash” search is labeled as an advertisement, and features a product clearly labeled as WooLash, with no reference to plaintiff’s BoostLash product. A click fraud case against a competitor: Motogolf fails to state a false advertising claim under the Lanham Act.

Trademark 90

Trademark Advertising Advertising False Advertising 90

43(B)log

MARCH 21, 2024

Peacock identified, among other things, Pabst’s “It’s the Water” slogan and the depiction of the “unique waterfalls from the (now) closed brewery from the Olympia area” on the Olympia Beer packaging, on its website, and on social media.

Social Media 59

Social Media Marketing Marketing Design 59

43(B)log

OCTOBER 10, 2023

Also, “the entirety of the advertisement on each website page describes in objective terms how much total food customers would receive.” They had calorie information, and Wendy’s said theirs was made with a “quarter-pound*” of beef with the asterisk referring to “[a]pproximate weight before cooking.”

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. The court granted summary judgment to MaxRelief.

Television 56

Television Social Media Advertising Advertising 56

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. Sales representatives are told to purchase the guide, “learn it, refer to it in making sales, and. pitch the guide to end consumers.”

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

OCTOBER 6, 2021

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. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best.

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. ” The evidence didn’t support the claim that the websites were used as educational references.

Government 40

Government Advertising Advertising Social Media 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Relevant consumer: perceptions can determine commercial strength but the inputs are often the same as for conceptual strength—dictionaries w/lower-case references. Keep up with the culture by considering social media.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. The judgement was passed by a Single Judge Bench of Justice Manish Pitale. Indian Performing Right Society Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. LHB currently owns 64 domain names containing references to Taser or Axon Taser models. “ logos on their materials to identify their social media accounts.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media.

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

AUGUST 3, 2023

Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Exploitative: 99% make no profit/lose money; stuck w/unwanted inventory; exploitative based on false promises of wealth and miracle products—the seller gets free advertising.

Social Media 40

Social Media Fair Use Advertising Advertising 40

IP and Legal Filings

DECEMBER 20, 2024

Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. Trademarks Scars on Social Media It defies law in this modern digital age. It has also brought a lot of challenges.

Social Media 102

Social Media Trademark Branding Brands 102

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

DECEMBER 6, 2024

It was carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the PRC On the other hand… 1) influence operations don’t depend solely on ownership of social media. See NetChoice, 144 S.

Social Media 64

Social Media Government Ownership Law 64

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