2021 Advertising False Advertising Privacy 
43(B)log
OCTOBER 5, 2021
2021 WL 4226197, No. 28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate. 1:20-cv-698 (S.D.
Patently-O
FEBRUARY 12, 2023
by Dennis Crouch Rights to use a person’s Name-Image-and-Likeness or NIL generally fall within two categories of intellectual property: rights of publicity and rights of privacy. Rights of publicity can also protect against resulting false impressions created by a seeming endorsement. 2021), cert. 22, 2021).
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43(B)log
FEBRUARY 24, 2021
I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Chemence, Feb.
43(B)log
FEBRUARY 22, 2022
Robinhood Financial LLC, 2021 WL 6882392, No. 8, 2021) Plaintiffs alleged that unauthorized third parties were able to access approximately 2,000 Robinhood customers’ accounts and deplete their funds due to Robinhood’s insufficient security measures. Was it plausible that plaintiffs relied on the Financial Privacy Notice?
43(B)log
OCTOBER 6, 2021
American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.
Technology & Marketing Law Blog
SEPTEMBER 14, 2021
Yes, it’s 2021. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. So yes, here we are in 2021, fighting over whether keyword metatags could be both trademark infringement and counterfeiting. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021). Check your calendar.
43(B)log
SEPTEMBER 28, 2021
2021 WL 4134839, No. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).
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