43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. 2023); but see Princeton Express v. So the burden falls to Princeton to show that its exclusion is valid.” Houston, Inc.,

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. 2023 WL 3049106, No. Purlife Brands, Inc., 22-cv-04261-VC (N.D. Automated Pet Care Prods., Purlife Brands, Inc., 22-cv-04261-VC (N.D.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. Case citation : Bride v.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

OCTOBER 19, 2023

CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. In Re Ethereummax Investor Litig.,

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. The court dismissed the claims, mainly because the advertisements were not misleading as a matter of law. Also, “the entirety of the advertisement on each website page describes in objective terms how much total food customers would receive.” Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MAY 22, 2023

2023 WL 3556053, No. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

JUNE 21, 2023

2023 WL 3829689, No. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.” Grimmway Enters., 22-CV-2038 JLS (DDL) (S.D.

Law 72

Law Social Media Reporting Business 72

43(B)log

JULY 20, 2023

Nepute, 2023 WL 4623089 , No. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

43(B)log

JUNE 20, 2023

Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. Dictionary definitions of “social” didn’t “provide a usable standard for defining a social cow.

Social Media 122

Social Media False Advertising Business Advertising 122

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. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. The following summarizes our 10 key takeaways from 2021. Takeaway No. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

MARCH 22, 2023

2023 WL 2574319, No. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. Ariix LLC v. Usana Health Sci., 2:22-cv-00313-JNP-DAO (D. pitch the guide to end consumers.”

Editing 59

Editing False Advertising Social Media Marketing 59