Remove 2021 Remove False Advertising Remove Marketing Remove Social Media
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MLM on MLM action: tortious interference, trade secret, but not false advertising

43(B)log

It Works Marketing, Inc. 2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants).

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

43(B)log

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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student social media use of school colors/logo not plausibly confusing

43(B)log

Doe, 2021 WL 3684116, No. 18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. Arizona Board of Regents v. CV-20-01638-PHX-DWL (D.

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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

Copying 64
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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

43(B)log

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Another theory of harm came from allegations that the executive defendants and some of the promoter/influencer defendants were selling off their tokens as they promoted them, engaging in market manipulation.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

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. During the relevant period—through 2021—US News didn’t distinguish between in-person and online programs.

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Rogers v Grimaldi doesn't apply to alcohol, but Peaky Blinders still can't get injunction

43(B)log

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,