43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. 2023); but see Princeton Express v.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions.

False Advertising 69

False Advertising Branding Brands Branding 69

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. Usana incorporates the Guide into its marketing training. Ariix LLC v. Usana Health Sci., 2:22-cv-00313-JNP-DAO (D.

Editing 59

Editing False Advertising Social Media Marketing 59

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. The COVID-19 Act was enacted on December 27, 2020.

Government 52

Government Advertising Advertising Social Media 52

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.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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

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 109

IP Copyright Trademark Intellectual Property 109

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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 2021, a judge rejected several California counties’ challenges to opioid medication marketing materials. 5: Marketing to Minors. Takeaway No.

Privacy 52

Privacy Social Media Advertising Advertising 52