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1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp., DoorDash, Inc.,

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How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

LexBlog IP

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

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Pandemic ski resort closures allow both contract and advertising claims

43(B)log

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Defendants declined to refund their money. 3d 834 (9th Cir.

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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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Intellectual Property Protections of Olympic Proportions: A Look at Tokyo 2020

IPilogue

From the thrilling gold-medal finish of the women’s soccer team to Andre De Grasse becoming the first sprinter to bring home gold since 1996, there was no shortage of exciting moments for Canadians at Tokyo 2020. Penny Oleksiak made history as the country’s most decorated Olympian of all time. Another odd result is that certain marks (e.g.

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Even in a small market, a few varied phone calls aren't commercial advertising or promotion

43(B)log

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

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advertising claim of capacities unavailable to consumers was plausibly deceptive

43(B)log

They plausibly alleged, with examples, lots of horsepower claims, and plausibly alleged that an ordinary person would understand these representations to mean that a treadmill’s in-home continuous horsepower matched the “CHP” value advertised. They needed to file an amended complaint specifying when they gave pre-suit notice, though.