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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

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New guidelines for influencer content

Olartemoure Blog

The approval of the General Audiovisual Communication Law by the Spanish Congress marks a milestone in regulating the content disseminated by content creators on social media platforms. Additionally, it aims to prevent the advertising of gambling and the dissemination of unrealistic standards of beauty and health.

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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 102
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A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster

Michael Geist

The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The government envisions Google and Meta paying at least 4% of search or social media revenues in Canada for a minimum of $234 million. The Canadian approach has not taken off elsewhere.

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

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. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

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TTAB Affirms Mere Descriptiveness Refusal of SPICED CHAI for Tobacco

The TTABlog

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. The evidence submitted by Examining Attorney Robert Guliano "overwhelmingly" showed that Fumari and the media refer "descriptively to SPICED CHAI as one of Applicant’s tobacco flavors." Welch 2024. In re Fumari, Inc. Casagrande). TTABlogger comment: WYHA?

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TTABlog Test: Are Backpacks, Wallets, and Purses Related to Cake Under Section 2(d)?

The TTABlog

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Welch 2024.