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MLM on MLM action: tortious interference, trade secret, but not false advertising

43(B)log

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). It Works Marketing, Inc.

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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.”

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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

Jones is “a social media influencer, media personality, and celebrity gossip blogger.” Defendant Johnson is “a media personality and the founder, editor-in-chief, and CEO of the celebrity gossip website Hollywood Unlocked.” Even without standing, Jones failed to state a claim for false association or false advertising.

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LinkedIn posts weren't commercial advertising or promotion for pediatric orthopedics

43(B)log

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

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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.,

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.