Copyright Lately

SEPTEMBER 29, 2024

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. The judge dismissed the business disparagement, false advertising, unfair competition, and unjust enrichment claims.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Hepp is a television newscaster. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue. About the Case.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

43(B)log

MAY 3, 2023

Defendant’s argument confuses the question of whether a reasonable consumer would likely be misled by an allegedly false advertisement with the separate question—relevant where reliance is at issue—of whether an individual consumer was misled by the advertisement….

Music 59

Music False Advertising Advertising Advertising 59

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

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

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. The court also rejected challenges to certain evidentiary rulings at trial.

Law 59

Law Advertising Advertising False Advertising 59

43(B)log

OCTOBER 6, 2021

Yes: They plausibly pled “a commercial interest in giving scientific presentations, appearing on scientific television shows, and participating in science-related events.” 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

43(B)log

MAY 24, 2021

The current federal administrative regime for regulating deceptive advertising targeted at children, however, falls far short of what is necessary to enable the FTC or any other federal agency to respond to the revelations in the Michigan Study with meaningful protections for children.

Advertising 40

Advertising Advertising Television Designs 40

43(B)log

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. As one of MGFB’s principals testified as to Kenny Chesney’s televised concert: [H]e asked permission to do it, and we told him it was fine. It was him.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

FEBRUARY 21, 2022

She alleged both health and moral concerns about foreign beef, which she alleged was produced under dangerous and environmentally destructive/harmful labor conditions. She challenged both use of a “U.S.D.A. CHOICE/Produced in the USA” graphic, as well as use of the official USDA grade shields in red, white and blue.

Advertising 59

Advertising Advertising False Advertising Government 59

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 28, 2025

26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. Its an original comedic television series created by Mindy Kaling and Warner Bros.

False Advertising 52

False Advertising Social Media Television Art 52