43(B)log

SEPTEMBER 29, 2021

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 false advertising claim about alleged misrepresentations of distributors’ income with Melaleuca.

False Advertising 45

False Advertising Advertising Advertising Social Media 45

43(B)log

OCTOBER 18, 2024

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 false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

SEPTEMBER 14, 2021

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.

Social Media 53

Social Media False Advertising Advertising Advertising 53

43(B)log

MAY 19, 2023

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 social media, including videos on her TikTok account. This was enough survive the motion to dismiss.

Copying 94

Copying False Advertising Social Media Advertising 94

IPilogue

DECEMBER 15, 2022

Given that the artists refused to take action and continued to benefit from the social media posts, Vogue requested and was granted immediate injunctive relief to prevent Drake and 21 Savage from using fake covers to promote their album.

Social Media 105

Social Media False Advertising Copying Trademark 105

IP Law 360

SEPTEMBER 9, 2024

Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media 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.

False Advertising 52

False Advertising Social Media Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising 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 social media without consent? So what exactly are they probative of?

Social Media 130

Social Media False Advertising Advertising Advertising 130

43(B)log

DECEMBER 7, 2023

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 false advertising claims) does preclude such claims, possibly only because of party argument.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JANUARY 19, 2023

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.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. The judge dismissed the business disparagement, false advertising, unfair competition, and unjust enrichment claims. Social media doing what it does best. In the meantime, a copy of the court’s opinion is below.

Fair Use 98

Fair Use Copyright Artwork Social Media 98

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.” False advertising/passing off: Same basic problems. And Mandabach failed to show actual association of the TV show with a particular source.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

SEPTEMBER 20, 2021

Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 16, 2023

Jones is “a social media influencer, media personality, and celebrity gossip blogger.” Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Registration Trademark Advertising 87

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, 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!

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Copyright Lately

MARCH 31, 2024

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.

Copyright 76

Copyright Fair Use Social Media Artwork 76

43(B)log

OCTOBER 10, 2023

Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on social media.” Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement.

Advertising 49

Advertising Advertising False Advertising Social Media 49

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

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media 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.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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

IP Tech Blog

MARCH 6, 2023

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 falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

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. Courts in India have relied on a combination of legal concepts to determine the status of personality rights. In Gautam Gambhir v.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

The IPKat

JUNE 13, 2022

Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 45

Social Media False Advertising Advertising Advertising 45

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

Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media 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

Contracts 98

Contracts Designs Design Publishing 98

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

SEPTEMBER 10, 2021

14, 2020) BHRS, which makes water cooler products, sued its competitor Brio for state and federal false advertising and trade libel. BHRS alleged that studies showed that online product reviews, especially Amazon reviews, have a significant impact on consumer decision-making.

False Advertising 45

False Advertising Social Media Advertising Advertising 45

43(B)log

FEBRUARY 17, 2022

A whole industry exists of social media influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. The report didn’t prove causation.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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

MARCH 10, 2023

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.”

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

JUNE 20, 2023

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 social media networks, to mean that the cows are never alone.”

Social Media 122

Social Media False Advertising Business Advertising 122

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising 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.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

NOVEMBER 6, 2023

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.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media 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 false advertising.

Brands 98

Brands Branding Branding Trademark 98

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising 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.

False Advertising 49

False Advertising Social Media Advertising Advertising 49