43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

JUNE 15, 2022

2022 WL 1599712, No. 19, 2022) The parties compete in the market for energy drinks. Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp.

Marketing 59

Marketing Marketing Business False Advertising 59

Technology & Marketing Law Blog

JUNE 12, 2022

It’s 2022 and we’re still dealing with this s**t. May 13, 2022). Aciper, 2022 WL 992888 (S.D.N.Y. 2022 WL 1316222 (W.D. April 28, 2022): “That confusion has been amplified by Block’s public communications and worsened by third parties who have, and will likely continue, to link Block, Inc.

Trademark 90

Trademark Advertising Advertising False Advertising 90

43(B)log

DECEMBER 23, 2022

20, 2022) Plaintiffs rented Yesterday on Amazon, allegedly in reliance on the trailer, which contained a scene/subplot that ultimately never appeared in the final movie featuring famous actress Ana De Armas. Although expressing some skepticism, the court found that they stated a valid false advertising claim.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. Pan 4 America, LLC v. DLB-21-401 (D.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

MARCH 18, 2022

Broidy, 2022 WL 793029, No. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. Mosafer Inc. 2:21-cv-06320-MCS-JC (C.D.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. A whole industry exists of social media influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

APRIL 26, 2022

2022 WL 1028024, No. Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. MaxRelief USA, Inc.,

Television 72

Television Social Media Advertising Advertising 72

43(B)log

FEBRUARY 17, 2022

17-cv-7394 (LJL), 2022 WL 421135 (S.D.N.Y. 11, 2022) So very much going on here, including discussion of what makes controls appropriate and the challenges of surveying for materiality; I will try to skip as much detail as possible but this is roughly 200 pages of opinions. In re: Elysium Health-ChromaDex Litigation, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

JUNE 13, 2022

The case was brought by Lavinia Deborah Osbourne (founder of Women in Blockchain Talks) against Ozone Networks (trading as OpenSea) in January 2022, after two NFT artworks that she had purchased from the Boss Beauties collection were taken from her digital wallet without her consent.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JULY 6, 2022

19-md-02913-WHO, 2022 WL 2343268 (N.D. 28, 2022) A lot going on here, including a certification of a RICO class, believe it or not. Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

APRIL 26, 2022

2022 WL 912890, No. DZ Reserve v. Meta Platforms, Inc., 3:18-cv-04978-JD (N.D.

Advertising 66

Advertising Advertising Social Media Contracts 66

43(B)log

DECEMBER 1, 2022

29, 2022) MGFB runs the Flora-Bama Lounge, Package and Oyster Bar on the Florida-Alabama border. An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. MGFB Properties, Inc. Viacom Inc, No. 21-13458 (11th Cir. The court of appeals affirms, on Rogers v.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Further, the judgement also sets aside the 4 factor test in the 2022 Nokia v. While the details of the agreement are yet to be disclosed, it was announced in April 2023, though signed in October 2022.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. In addition, in 2021, several state AGs announced that they have initiated investigations into allegedly improper marketing of social media networks to minors.

Social Media 52

Social Media Privacy Advertising Advertising 52