43(B)log

DECEMBER 29, 2022

MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. False advertising: Same. All the claims survived.

Blogging 59

Blogging False Advertising Advertising Advertising 59

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False 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 59

Social Media False Advertising Advertising Advertising 59

43(B)log

JULY 7, 2023

Defendants allegedly use fake celebrity and magazine endorsements, as well as misrepresentations about price and limited availability, to induce consumers into buying “keto” weight-loss pills. As described: Consumers click on ads that appear to be news articles with false celebrity endorsements of the Keto Products.

False Advertising 59

False Advertising Advertising Advertising Law 59

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.

Social Media 49

Social Media False Advertising 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

MARCH 6, 2024

Metroplex alleged that sells and places digital and targeted advertisements on its local news website, its “Best of Edwardsville” website, radio advertisements for its FM and AM radio stations, and print advertisements that are placed in local newspapers and in the “Best of Edwardsville” magazine.

Advertising 59

Advertising Advertising Business False Advertising 59

Indiana Intellectual Property Law

MARCH 17, 2023

Due to being improperly registered as a Monkey Rung product and not a Roller Ready, LLC product all of the recognitions affiliated with this award (hardware retailing web site, plaque and magazine) were granted to Monkey Run and not to Roller Ready, LLC.

Business 52

Business Marketing Marketing Branding 52

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

DECEMBER 22, 2022

Hoffman alleged that a survey highlighted in “Prepared Foods” magazine in 2018 noted that “60% of consumers. And the use of “Wildflower” to describe the honey “bolsters the impression that actual honey is in the Product.” look for honey on the product label” and that “about half of consumers would pay at least 5% more for food.

False Advertising 64

False Advertising Advertising Advertising 64

43(B)log

MARCH 31, 2023

Nimmer even uses a relevant example: “if author A submits a story to editor E at a magazine for consideration. Still, though a transfer of the material object could normally evidence an intent to transfer the underlying common law copyright, the issue was always the intent of the transferor.

Ownership 59

Ownership Art Copyright Registering Trademarks 59