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Across-the-board socialmedia and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities. Trademarks Scars on SocialMedia It defies law in this modern digital age. It has also brought a lot of challenges.
A Florida medical spa has settled a federal lawsuit with Houston-based rapper 50 Cent over a photo he took with its owner that was later allegedly used on socialmedia to promote the business' services without his authorization.
12, 2023) Following a large verdict for Monster on falseadvertising claims, this opinion discusses extensively the requirements for injunctive relief in falseadvertising cases. Plus, they hadn’t removed existing falseadvertising from their socialmedia accounts. and] expects to complete.
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act falseadvertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).
14, 2022) Once in a blue moon, a falseadvertising-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/socialmedia (consumers) and socialadvertising markets.
This dispute has made its way to mainstream news both online and TV and has also sparked debates on socialmedia. Socialmedia debates are also unhelpful. But unlike patent law, where false designations of inventions are punishable, falseadvertising has lower standards.
A SocialMedia Influencer is someone who creates unique material that keeps people interested on multiple socialmedia platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on socialmedia is through copyright. Make intangible assets.
The claims are mostly the kind of trade secret/tortious interference claims you’d expect from this setup, and I won’t say much about them, but there is also a falseadvertising claim about alleged misrepresentations of distributors’ income with Melaleuca.
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and falseadvertising claims survived.
18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. The Board sued Doe for trademark infringement and related claims; Doe defaulted.
WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on socialmedia, including videos on her TikTok account. This was enough survive the motion to dismiss.
Given that the artists refused to take action and continued to benefit from the socialmedia posts, Vogue requested and was granted immediate injunctive relief to prevent Drake and 21 Savage from using fake covers to promote their album.
Mike Huckabee's suit alleging it allowed falseadvertisements claiming he endorsed CBD gummies on its popular socialmedia platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act. Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov.
If the clinic is falsely claiming that he is, that’s falseadvertising and possibly defamation. Potential irony alert: 50 Cent has taunted Diddy for getting botox … When, if ever, can a company share a photo of a customer/friend on socialmedia without consent? So what exactly are they probative of?
17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover falseadvertising claims) does preclude such claims, possibly only because of party argument.
A couple of specifics: The falseadvertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falselyadvertised and misrepresented their applications’ safety would not be cognizable.” Case citation : Bride v. 2023 U.S.
A screenshot from the (now deleted) socialmedia video at the center of the controversy. The judge dismissed the business disparagement, falseadvertising, unfair competition, and unjust enrichment claims. Socialmedia doing what it does best. In the meantime, a copy of the court’s opinion is below.
It submitted 14 socialmedia posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” Falseadvertising/passing off: Same basic problems. And Mandabach failed to show actual association of the TV show with a particular source.
Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various socialmedia outlets including Natorp’s private website, Facebook, and Pinterest.” Along with copyright claims, McCleese asserted Lanham Act falseadvertising claims.
28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, falseadvertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and falseadvertising. Until 2017, it also used the hashtag #WGACACHANEL in its socialmedia posts.
Jones is “a socialmedia influencer, media personality, and celebrity gossip blogger.” Even without standing, Jones failed to state a claim for false association or falseadvertising. He failed to allege a “valid, protectable trademark.”
To make matters worse, State Farm’s resident do-gooder “Jake” lands a Fonzie-style smack on the Crystal Castles machine to get it working—”suggesting falsely and disparagingly to consumers that Atari’s cabinets are low-quality, faulty, and/or unreliable.” A good media liability insurance policy could also help.
Portkey sued for unfair competition/reverse passing off, falseadvertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes!
Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on socialmedia.” Cornelia sued for (1) unfair competition and falseadvertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement.
The parties had other disputes, including accusing each other of posting false reviews of the other. Lanham Act falseadvertising 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.
Advertising can take many forms, including statements about a company’s products on websites and socialmedia platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.
2, 2022) Before the jury verdict in favor of Monster’s falseadvertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the falseadvertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.
JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falselyadvertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.
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 falseadvertising law. Courts in India have relied on a combination of legal concepts to determine the status of personality rights. In Gautam Gambhir v.
I’m only going to discuss the falseadvertising aspects. Taken together, the complaint didn’t plausibly allege commercial advertising or promotion. First, the court wasn’t convinced that the socialmedia posts or other alleged statements were commercial speech.
Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various socialmedia platforms, ranging from greater than ten thousand to several million, and most are “considered socialmedia influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,
Monster alleged that VPX falselyadvertised 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.”
I’m ignoring the complicating effects of various socialmedia censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m
I’ll focus, as usual, on the falseadvertising bits and ignore the securities law parts. It is widely understood that Kardashian is paid for many of her socialmedia 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.
14, 2020) BHRS, which makes water cooler products, sued its competitor Brio for state and federal falseadvertising and trade libel. BHRS alleged that studies showed that online product reviews, especially Amazon reviews, have a significant impact on consumer decision-making.
A whole industry exists of socialmedia influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. Thus, any falseadvertising claim would lie against Albaum, not [directly] against ChromaDex. The report didn’t prove causation.
21, 2023) In two opinions on the same day, the court dealt with various IP/falseadvertising claims brought by one litter box seller against another. Its socialmedia posts featured photos of the Leo’s Loo products, but those posts were tagged, at least in part, with #litterrobot, #LitterRobot, and #litterrobot3.
First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”
Dictionary definitions of “social” didn’t “provide a usable standard for defining a social cow. Further, no reasonable consumer would interpret the phrase, ‘Our cows are social and so are we,’ when followed immediately by several logos for socialmedia networks, to mean that the cows are never alone.”
Although expressing some skepticism, the court found that they stated a valid falseadvertising claim. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie. UCL: Under the unlawful prong, an ad must violate another “borrowed” law to be actionable. The fraudulent UCL and FAL claims qualified.
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.”
May 19, 2023) Whereas the timeshare falseadvertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.
For example, socialmedia has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of falseadvertising.
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