43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? Comment: This is an interesting question given that TM/advertising people tend to define goodwill differently than general business valuation people, especially in the TM/false advertising context. In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend.

False Advertising 59

False Advertising Social Media Advertising Advertising 59

43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

Advertising 59

Advertising Advertising False Advertising Marketing 59

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. The objective is to mislead the consumers knowing well the marketability of this concept. Another pertinent aspect is the effect of its disposal to the environment.

Branding 79

Branding Brands Branding Trademark 79

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59