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

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SEPTEMBER 1, 2021

May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration.

Social Media 93

Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

JUNE 12, 2022

TTAB says “POTIFY” for a marijuana buying app dilutes (by blurring) the “SPOTIFY” trademark. A click fraud case against a competitor: Motogolf fails to state a false advertising claim under the Lanham Act. Trademark lawsuit over MetaBirkins NFTs survives motion to dismiss. Motogolf.com, LLC v.

Trademark 90

Trademark Advertising Advertising False Advertising 90

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FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

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SEPTEMBER 20, 2021

Each webpage that contained one of McCleese’s photos also contained Natorp’s own trademark and copyright symbols at the top and bottom. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. Now do trademark standing.) McCleese registered copyrights for his photos in 2019.

Copying 64

Copying False Advertising Social Media Advertising 64

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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

IP and Legal Filings

MAY 13, 2023

As a result, interim orders in trademark infringement cases have become somewhat standardized. 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. In Gautam Gambhir v.

Personality Rights 105

Personality Rights Privacy Trademark Law False Advertising 105

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release.

Brands 98

Brands Branding Branding Trademark 98

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. The Ninth Circuit has stated that surveys in trademark cases are to be admitted as long as they are conducted according to accepted principles” and “relevant.” Monster Energy Co. 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Brands Branding Branding 69

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JUNE 15, 2022

VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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AUGUST 17, 2021

Lexmark has crept into §43(a)(1)(A) via false endorsement; it will be interesting to see whether courts recognize that other trademark claims are likewise subject to a proximate cause requirement by that logic. 2021), which considered all these claims except for false advertising. The court was guided by Electra v.

Social Media 45

Social Media False Advertising 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

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DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Also, the court was “skeptical” that the Rogers framework would apply outside of the context of a trademark claim.” They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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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

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FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

False Advertising 49

False Advertising Contracts Brands Branding 49

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MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

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OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. 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.

Law 59

Law Privacy False Advertising Social Media 59

LexBlog IP

NOVEMBER 17, 2021

collectively, “ Kaira ”) commenced an action alleging passing off, trademark infringement, depreciation of goodwill and copyright infringement by, Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, And Patel Patel (collectively, the “ Defendants ”). Kaira also established trademark infringement. Disposition.

False Advertising 40

False Advertising Social Media Trademark Brands 40

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FEBRUARY 24, 2024

I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. User names on social media may or may not include trademarks; user bios give more information. NYU Press, 2016).

Fair Use 45

Fair Use Brands Branding Branding 45

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JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. On several of its websites, LHB also makes representations that it is an “Authorized TASER® Distributor” and that “TASER® is a Trademark of the Mister Stungun.”

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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MARCH 10, 2023

14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 2023 WL 2372059, No. Toyota, 610 F.3d

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

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

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DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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

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AUGUST 3, 2023

Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Expand social media monitoring. Fresh start. FTC and FDA think this already!

Social Media 40

Social Media Fair Use Advertising Advertising 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. Keep up with the culture by considering social media. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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. However, it provides both good challenges and opportunities under trademark law. It has also brought a lot of challenges.

Social Media 102

Social Media Trademark Brands Branding 102

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FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Lemley: is/should there be contributory false advertising liability?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

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AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” On social media: "Were U planning on telling UR customers" [to switch before they lose service]? In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

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FEBRUARY 28, 2025

Of note because the lawsuit was brought at all, suggesting that trademark owners are willing to try to roll back any First Amendment protections for noncommercial speech. 2012) (use of Louis Vuitton to describe luggage in movie) with approval as non-trademark uses. Pepperdine University v. Netflix, Inc., New Life Art, Inc.,

False Advertising 52

False Advertising Social Media Television Art 52

Technology & Marketing Law Blog

FEBRUARY 20, 2025

” “Partner at big law firm focusing on Trademark/Advertising/Online Liability” “I’m a copyright attorney working for Authors Alliance. I think the internet in general an[d] Social Media and AI specifically, should be open to the 1st amendment and not interfered by government.

Blogging 52

Blogging Business Advertising Advertising 52

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OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94

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NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75