43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 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. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

MARCH 6, 2024

3d -, 2024 WL 911075, No. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel.

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

MARCH 21, 2024

2024 WL 1138906, No. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” In re Amazon Prime Video Litig., 2:22-cv-00401-RSM (W.D.

Licensing 114

Licensing Contracts Ownership Litigation 114

43(B)log

APRIL 3, 2024

4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Route Consultant, Inc.,

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

FEBRUARY 8, 2024

2024 WL 450040, No. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At Subway Franchisee Advertising Fund Trust, Ltd., Carovillano v.

Music 59

Music Contracts Advertising Advertising 59

43(B)log

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time. could become even more important during this economy.” Newborn Brothers Co.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59