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.” The managing director declared “[a]t the time that I chose the name Peaky Blinder, I had never heard of [Plaintiff’s] Peaky Blinders television program.

Social Media 93

Social Media Television False Advertising Artistic Work 93

Copyright Lately

SEPTEMBER 29, 2024

A screenshot from the (now deleted) social media video at the center of the controversy. Television , the court held that artwork shown in the background for 27 seconds in an episode of ROC was sufficiently recognizable to cross the de minimis threshold for actionable copying of protected expression. Conversely, in Ringgold v.

Fair Use 113

Fair Use Copyright Artwork Social Media 113

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

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.

Television 56

Television Social Media Advertising Advertising 56

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

43(B)log

MARCH 28, 2024

The policy excluded personal and advertising injury, including “publication, in any manner, of material that violates a person’s right of privacy,” disparagement, use of advertising ideas, and trade dress infringement, if such activities “arise out of or are part of ‘exhibitions and related marketing,’ ” which are broadly defined.

Advertising 64

Advertising Advertising Settlement Contracts 64

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