43(B)log

FEBRUARY 17, 2022

The test group saw homepage statements regarding FDA involvement in Tru Niagen, including the phrases “3 FDA Safety Notifications” and “reviewed and accepted by. whether the stimulus conveyed anything about safety), Isaacson’s survey “asked a more leading question by framing a particular proposition or statement (e.g.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

AUGUST 14, 2022

Still, given the possible dog whistles, I’m sure CNN’s lawyers will explore these social media statements in their depositions. endorsements: Jack did not make the statement, “We are every day people seeking truth.” This retweet will surely be a key topic in CNN’s deposition of Jack. He retweeted it.

Law 112

Law Social Media Reporting Government 112

IP and Legal Filings

APRIL 17, 2024

The research paper contains the quotes and sayings of various contemporary thinkers to provide a clear understanding of the text and the topic under discussion. Assenting to the statement of Frederick Watkins, William A. Some of the contemporary as well as traditional thinkers like Frederick Watkins, William A.

Publishing 78

Publishing Editing Government IP 78

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. And finally, we had a third agenda item, which was another policy statement, because it apparently wouldn’t be a public Commission meeting without a policy statement.

Designs 52

Designs Design Reporting Business 52

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.”

False Advertising 86

False Advertising Social Media Publishing Advertising 86

SpicyIP

SEPTEMBER 11, 2023

Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us. He wrote detailed posts on this topic later here and here.

IP 105

IP Reporting Plagiarism Government 105

Technology & Marketing Law Blog

JANUARY 15, 2024

“The District, perceiving a mismatch between these public statements and the widespread dissemination of vaccine misinformation on Facebook, is investigating Meta’s potential violations of the CPPA.” Another police officer disciplined for posting an anti-BLM statement on Facebook. City of Delray Beach, 2023 WL 6037456 (S.D.

Social Media 64

Social Media Advertising Advertising Publishing 64

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., were false or misleading. back and spinal pain). Matkari, 7 F.3d 3d 1130 (4th Cir. By contrast, JHP Pharmaceuticals, LLC v.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IPilogue

JULY 19, 2021

However, it is hard to imagine a director ever regretting this statement after the movie’s release. The Court made a critical decision to warn writers and artists alike that the law will not allow the industry to profit from false information passed off as facts. The late Thomas P.

Copyright 112

Copyright Copying Law Publishing 112

LexBlog IP

SEPTEMBER 9, 2022

.” This notice comes after the recent Executive Order on Promoting Competition in the American Economy and a letter from Senator Patrick Leahy and Thom Tillis to the USPTO to reduce conflicting statements among government agencies. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

Government 52

Government Intellectual Property Marketing Marketing 52

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

IIPRD

APRIL 13, 2023

Those who make false statements with the intention of misleading or influencing any authority or official are punished by imprisonment under Section 68. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. The repeal of Section 68 does little.

IP 52

IP Copyright Infringement Copyright Government 52

43(B)log

JULY 20, 2023

Certainly, Defendant Nepute made assertions about Vitamin D, zinc, COVID-19, and the vaccines, among other things, in his advertisements, but he often jumped from topic to topic and did not make connections between his statements. The government can show either falsity/misleadingness or lack of substantiation to prevail.

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. First up are the design elements that induce false beliefs.

Reporting 52

Reporting Privacy Advertising Advertising 52

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Technology & Marketing Law Blog

APRIL 1, 2023

This ruling covers two key topics related to 512. Reading these statements together, Service denies that the takedown notice included any misrepresentation. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512. And without a DMCA notice, § 512(f) does not apply.”

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Technology & Marketing Law Blog

SEPTEMBER 19, 2021

More generally, the brief ignores many censorial corners of the law to tell a cleaner, but false, narrative about what the law says and does. Virtually every Internet service curates third-party content topically or thematically, such as message board topical threading.

Social Media 99

Social Media Government Blogging Publishing 99

SpicyIP

MARCH 30, 2023

Firstly, the court did not carry out an inquiry as to whether the statements and claims made in the video are correct or incorrect and failed to distinguish facts from opinions. Even if assuming the first requirement is met, inferring malicious intent would be a very far-fetched argument to make.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

43(B)log

APRIL 12, 2024

The trial court found that for more than a decade, defendants violated the UCL and FAL by making false and misleading statements to prospective students for a total of 1,243,099 UCL and FAL violations. The AG’s expert drew a random sample of 2,234 calls, of which 561 discussed at least one relevant topic within this sample.

False Advertising 59

False Advertising Law Reporting Marketing 59

43(B)log

NOVEMBER 9, 2023

Challenged statement: “Jon Daily’s legacy will continue as [Sierra Health and Wellness] will keep all of their intensive outpatient program with the name Recovery Happens and his model of care.” This was allegedly false because “Jon Daily had no model of care” and used the Gust model. Presumably it should feature in the answer as well.)

False Advertising 64

False Advertising Advertising Advertising Copying 64

Technology & Marketing Law Blog

JANUARY 9, 2024

But that is neither what Congress did nor what Congress could have done consistent with the policy statements in subdivision (b) of section 230. The court advances the uncontroversial statement that “Some federal appellate and trial courts have disagreed with Zeran and its progeny’s broad immunity construction of section 230.”

Publishing 75

Publishing Designs Design Law 75

Technology & Marketing Law Blog

DECEMBER 26, 2023

Thus, because the Challenged Statutes does not seek to treat DD as the publisher of a third party’s statements, CDA protection under § 230 does not apply * Wiener v. This protection extends to the transmission of false statements like those alleged to have been made by the Miller defendants. Related topics * Patel v.

Publishing 85

Publishing Law Marketing Marketing 85

TorrentFreak

NOVEMBER 26, 2021

Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. Diligent behavior is and should continue to be a factor to assess the eligibility for ‘safe harbors’,” their statement reads. The statement can be found here (pdf).

Due Diligence 125

Due Diligence Music Business Copyright 125

Technology & Marketing Law Blog

JULY 5, 2021

“Caraway’s final three claims are for trademark infringement, unfair competition and false designation, and trademark dilution under the Lanham Act as a result of Defendant’s purchase of the Caraway Mark so as to advertise Equal Parts when consumers searched for the term ‘Caraway’ in Google’s search engine.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Trademark and Copyright Law Blog

APRIL 7, 2020

For instance, on beauty masks the mark could convey that the masks are “strong” against coronavirus, which could present descriptiveness issues (and possibly false advertising concerns?). Unfortunately for these entrepreneurs, the vast majority of these trademark applications are bound for the scrap heap. A good PSA, I guess?

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 21, 2021

The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” §1052(a) , which precludes registering “immoral” or “scandalous” marks or those that “falsely suggest a connection with.beliefs, or bring them into contempt, or disrepute.”

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In February 2020, FDA and the Federal Trade Commission (FTC) issued a joint statement stating that “anti-competitive practices, such as making false or misleading statements comparing biological reference products and biosimilars, may be slowing progress and hampering uptake of these important therapies.”

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

MAY 22, 2023

Clearly, the monthly nature of the meetings is questionable, but then again, there are only so many policy statements that an agency can issue. And for today’s meeting two items were on the agenda: a new policy statement on biometric information and some follow-up on the Health Breach Notification Rule.

Privacy 52

Privacy Technology Business Law 52

Technology & Marketing Law Blog

JUNE 14, 2022

For more on the topic of newspapers correcting their Section 230 coverage, see this post. Reporters are used to repeating government sources verbatim and then contextualizing those statements with other sources, but using that approach for their Section 230 coverage ensures the spread of politicians’ misinformation.

Reporting 117

Reporting Journalism Law Blogging 117

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

In contrast, Texas falsely claimed that ONLY these three services are covered. It’s almost certainly false. ” Among the wide-ranging universe of UGC services with 50M+ MAUs, this statement is decidedly not true. It was a brazen lie. ” How does the judge know that? Treating Private Action Like State Action.

Social Media 137

Social Media Publishing Law Blogging 137