43(B)log

MARCH 25, 2024

The Family Smoking Prevention and Tobacco Control Act requires cigarette packages to include “color graphics depicting the negative health consequences of smoking to accompany the [updated] label statements.” Similarly, emotional response to a statement is irrelevant to its truth. That is a factual statement.

Advertising 64

Advertising Advertising Social Media Government 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. Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

NOVEMBER 20, 2023

Conducted by the Culture, Media and Sport Committee, the inquiry invited submissions from stakeholders on numerous topics, including the identification of barriers to maintaining and increasing overseas investment. That, or the information they can provide has clearly been stolen, falsified, is incomplete or otherwise misleading.

Cinema 97

Cinema Intellectual Property Television Government 97

LexBlog IP

DECEMBER 3, 2021

Statements such as “cheapest” should refer to the overall price, rather than the price per unit. Given this may mislead consumers into making a transactional decision that they otherwise would not have done had they received more information, developers should take extra care to not mislead gamers. Practical Advice.

Advertising 52

Advertising Advertising Publishing Government 52

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

The IPKat

SEPTEMBER 5, 2023

The appropriateness of the total aggregate royalty burden can be assessed by reference to other statements of the approximate size of the total aggregate royalty burden, for example from the hedonic regression analysis ([822]). And InterDigital’s reliance on publicly available information from their SEC filings can be misleading ([923]).

Technology 67

Technology Publishing Reporting Marketing 67

TorrentFreak

MAY 16, 2022

After reading one of our articles on the topic, attorney Paul Levy at the Public Citizen Litigation Group concluded that it was. Something didn’t sit right. Nothing sat right. In February we pondered whether a lawyer might view McFree’s defense as being in the public interest.

Fair Use 122

Fair Use Copyright Litigation Music 122

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! The defendants did not submit their written statements. Supreme Court issues contempt notice to Patanjali Ayurved a for misleading ads.

Invention 59

Invention Trademark IP Patent 59

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. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

Reporting 52

Reporting Privacy Advertising Advertising 52

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Harris: Canada: disclosures can clarify but can’t correct a misleading main claim or contradict the main claim. made in Canada with imported parts).

Advertising 40

Advertising Advertising Law Privacy 40

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

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. A downer, to be sure, but also an opportunity to reflect on some legal issues affecting food and wine. Olive Oil and State Pride.

Law 52

Law Trademark Branding Brands 52

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. Disparagement and in this case, product disparagement is closely related to denigrating a product with a misleading remark. Disparagement or Not?

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). His evidence was misleading”. The primary dispute on this point was when the five year period, after which the claimant would lose its right to challenge the defendant’s use, began to run.

Editing 70

Editing Registration Branding Brands 70

43(B)log

FEBRUARY 16, 2024

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.”

Trademark 59

Trademark Fair Use Registration False Advertising 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.” Those two statements are arguably in some tension.) (Those two statements are arguably in some tension.)

False Advertising 64

False Advertising Advertising Advertising Copying 64

TorrentFreak

JULY 13, 2022

Internet terminations are not the only topic of concern. “These inflammatory terms are not relevant to any element of liability and would only confuse, mislead, and unduly prejudice the jury,” the music companies write. As such, they might confuse the jury. ” No Throttling and Monitoring.

Music 141

Music Contracts Copyright Infringement Copying 141

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. So the big takeaway: this bill’s protect-the-children framing is designed to mislead everyone about the bill’s scope.

Privacy 137

Privacy Designs Design Business 137

LexBlog IP

MARCH 27, 2023

This is why ChatGPT seems so knowledgeable about a vast array of topics and subject areas. maximizing the similarity between outputs and the dataset the models were trained on) and that such outputs may be inaccurate, untruthful, and otherwise misleading at times.” ” OpenAI, ChatGPT General FAQ. Again caveat emptor.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

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

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. 1 ayurvedic toothpaste” is misleading. 1 ayurvedic paste”.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. Two paragraphs later, the majority opinion slips another misleading omission into an otherwise uncontroversial paragraph: Whether a use shares the purpose or character of an original work, or instead has a further purpose or different character, is a matter of degree. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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

SEPTEMBER 21, 2022

” Among the wide-ranging universe of UGC services with 50M+ MAUs, this statement is decidedly not true. This emboldens the judge to misleadingly treat one service’s past public statement as if it spoke for all of its competitors too. Treating Private Action Like State Action. It’s all deceptive word games, though.

Social Media 137

Social Media Publishing Law Blogging 137