43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 17, 2022

Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. There’s a difference between a statement about product benefits made by Consumer Reports and the same statement by a person with an economic motive who also displayed a banner, “Buy This Product.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. First, the court wasn’t convinced that the social media posts or other alleged statements were commercial speech.

Advertising 45

Advertising Advertising Social Media False Advertising 45

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.” And their expert report was not good. 3d 233 (2d Cir.

Social Media 45

Social Media False Advertising Advertising Advertising 45

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. It is widely understood that Kardashian is paid for many of her social media posts, and therefore, it should not come as a surprise to any reasonable consumer that she was paid for the June Post given it included the “#AD” disclaimer.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

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. means, because none of the allegedly false statements actually said “source of creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

JULY 15, 2024

Butler found that there was no statistically significant difference in cells’ self-reported likelihood of purchasing shoes on StockX, suggesting lack of materiality. First, Nike argued, materiality was irrelevant because literally false claims are conclusively presumed to be material.

False Advertising 69

False Advertising Brands Branding Branding 69

43(B)log

FEBRUARY 26, 2024

From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% For example, 2U engaged in online advertising to promote USC Rossier’s ranking; it spent more than half of its revenue on program sales and marketing. to 10.5%), and its ranking rose 16 places (from #38 to #22).

Advertising 59

Advertising Advertising False Advertising Marketing 59

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. Anyway, Mosafer pled that various news sources, including the New York Times and the Associated Press, reported about Broidy’s alleged unregistered foreign lobbying efforts in March and April 2018.

Law 59

Law False Advertising Social Media Brands 59

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. logos on their materials to identify their social media accounts. When I see these claims I think about all the businesses using Facebook, Twitter, LinkedIn etc.

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. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

SpicyIP

DECEMBER 30, 2023

The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. So, if you have strong opinions on orders/judgements that you think should’ve been included in the top 10 lists, please do share them in the comments below!

IP 124

IP Copyright Trademark Intellectual Property 124

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

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Other materials, such as internal documents used to train sales representatives, were held not to violate false advertising laws at all as there was no evidence those materials were ever shown to any physician or consumer. California has also launched an online tool for consumers to efficiently report potential violations.

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. NJ case a few years back allowed false advertising claims against the advertiser to proceed.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

OCTOBER 14, 2024

This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to China. The lower court dismissed the case. The appeals court revives it. TikTok , Nos.

False Advertising 105

False Advertising Advertising Advertising Contracts 105