43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

43(B)log

SEPTEMBER 21, 2021

On a motion to dismiss, it was ambiguous whether Pace’s disclaimer that “unforeseen circumstances may necessitate adjustment to class schedules” and that “[t]he University shall not be responsible for the refund of any tuition or fees in the event of any such occurrence.

False Advertising 59

False Advertising Contracts Advertising Advertising 59

43(B)log

AUGUST 5, 2022

To say we are disappointed by the events that transpired as a result of this license is an understatement. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

SEPTEMBER 6, 2023

Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. a breach of your dealer agreement” constituted false advertising because the agreement in fact allows for purchases of Toyota parts from other sources, including for non-warranty repairs.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

MAY 8, 2023

We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. Priority will be given to those who can attend the entire event and a dinner the night of the event. Submissions must be of full drafts in Microsoft word format.

Trademark 72

Trademark False Advertising Advertising Advertising 72

43(B)log

MARCH 22, 2023

We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. Priority will be given to those who can attend the entire event and a dinner the night of the event. Submissions must be of full drafts in Microsoft word format.

Trademark 78

Trademark False Advertising Advertising Advertising 78

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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

AUGUST 16, 2021

Pasadena objected that, in the event of a force majeure, the MLA gave it the right to restrict PTRA from hosting the Rose Bowl Game in a venue other than Rose Bowl Stadium. This also got rid of the breach of contract claim, which was based on the alleged trademark infringement and false advertising.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. This was a specific and measurable advertisement claim of product superiority based on product testing and not puffery. The slide clearly compared the parties’ platforms.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

OCTOBER 1, 2021

Whole Foods allegedly used and continued to use a photograph of this event in its advertising materials “to show Defendants’ purported commitment to local farms and giving back to the local community.” It was more plausible that Whole Foods was promoting a specific event—the loan.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

OCTOBER 11, 2023

Plus, the plates and tags depicted Clemente in the context of “an event of historical significance for both Puerto Rico and Major League Baseball.” False advertising: No Lexmark standing for want of proximate cause. Plus, there was no commercial advertisement or promotion.

Licensing 49

Licensing False Advertising Advertising Advertising 49

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act.

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. This statement was plausibly false when made. The FAL explicitly provides that plaintiffs can recover for advertisements that were “known, or which by the exercise of reasonable care should be known, to be untrue or misleading.”

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

TorrentFreak

DECEMBER 27, 2021

The suit also included a claim of false advertising after Online2LiveStream transformed itself into a scam site, offering events in exchange for credit card details but failing to deliver. Court Warns Case Could Be Dismissed.

Due Diligence 131

Due Diligence False Advertising Copyright Infringement Copyright 131

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Google cases. Greenberg v.

Advertising 106

Advertising Advertising Settlement Trademark 106

43(B)log

DECEMBER 30, 2022

Plaintiffs demand that the Jets and the Giants remove all references to New York from their names, logos, and advertising, and pay damages to those they deceived. It is “well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer.”

False Advertising 59

False Advertising Advertising Advertising Art 59

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

Social Media 59

Social Media False Advertising Advertising Advertising 59

SpicyIP

APRIL 17, 2023

The court also assessed the public interest involved in the present case and held that though plaintiff can always be compensated by damages, the public, by using substandard products of the defendant, cannot be compensated in case of any untoward event. Universal City Studios v.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

MARCH 4, 2022

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. This meant that past events and posts by La Baguette now appeared to have been posted by “Tito & Tita Langley.” DLB-21-401 (D. the page,” id. ¶

Social Media 72

Social Media Advertising Advertising Business 72

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” I mean, pretty much every physical product meets this definition, right? .”

Trademark 137

Trademark False Advertising Advertising Advertising 137

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. This remains true in the wake of variants such as delta and omicron, which caused successive waves of canceled and rescheduled events and thwarted and postponed travel plans.

Social Media 52

Social Media Privacy Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94

IP Trademark Advertising Advertising 94

43(B)log

OCTOBER 6, 2021

Walkowicz alleges that at least one American Girl employee or consultant attended multiple events at which they discussed their work. Yes: They plausibly pled “a commercial interest in giving scientific presentations, appearing on scientific television shows, and participating in science-related events.”

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

APRIL 28, 2022

Dwyer, a customer, challenged Allbirds’ advertising, which focuses on the shoes’ environmental impact, e.g., “Sustainability Meets Style,” “Low Carbon Footprint,” “Environmentally Friendly,” “Made with Sustainable Wool,” “Reversing Climate Change.” Allbirds, Inc., 2022 WL 1136799, No. 21-CV-5238 (CS) (S.D.N.Y.

Advertising 59

Advertising Advertising False Advertising Reporting 59

43(B)log

SEPTEMBER 1, 2021

Plaintiffs argued, in essence: “1) Ford advertised all Shelbys as track-capable, the advertising induced Plaintiffs to purchase the car, and then the car did not perform as advertised. It advertised the entire Shelby lineup as “track-ready” and “track-capable.” Ford argued that its ads were puffery.

Advertising 45

Advertising Advertising Technology Reporting 45

43(B)log

SEPTEMBER 29, 2021

It is whether plaintiff reasonably attached importance to the existence of a promise to refund his money in the event that the club closed, for any reason.” But the statement was plausibly misleading and the agreement didn’t contain any language requiring members to affirmatively request a refund.

Contracts 59

Contracts False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 1, 2021

At the time of briefing, there was also an issue of whether the MSDSs were “advertising,” but the Pennsylvania Supreme Court subsequently held that “subsection (v). encompass[es] activities other than ‘advertising,’ ” and that a statement need not have impacted a purchasing decision to be actionable. Commonwealth by Shapiro v.

Advertising 59

Advertising Advertising Litigation Designs 59

43(B)log

AUGUST 7, 2023

By the time qualifying disclosures were made, the consumers were “invested in the decision to buy and swept up in the momentum of events.” The plaintiffs had spent 40 minutes or more shopping, waited in lines of 15 or more people, and felt pressured to purchase once they reached the front of the line due to embarrassment.

Advertising 52

Advertising Advertising False Advertising Government 52

43(B)log

NOVEMBER 8, 2021

No reasonable consumer would be misled into believing that, in the event of a global pandemic and under government shutdown orders, TCDM would remain open to deliver in-person instruction to students.” With an actual contract to interpret, quasi-contract theories were inappropriate.

Contracts 64

Contracts Government Marketing Marketing 64

Trademark and Copyright Law Blog

APRIL 7, 2020

In any event, I see a failure to function refusal incoming. For instance, on beauty masks the mark could convey that the masks are “strong” against coronavirus, which could present descriptiveness issues (and possibly false advertising concerns?). COVID-19 TAKES DOWN COVFEFE , for custom imprinting of clothing.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

AUGUST 13, 2021

In any event, the court didn’t think that she should be required to bear the burden of scrutinizing the ingredient list to figure out if the products were really natural. Moore also adequately stated a claim under Rule 9(b).

False Advertising 72

False Advertising Advertising Advertising 72

43(B)log

SEPTEMBER 15, 2021

The T&C also allowed Quintanilla to cancel her membership and seek a refund in the event of, inter alia, “a Workshop closure.” The terms of service bolstered this conclusion, reserving the right to modify services, and would have disabused a reasonable consumer who’d believed otherwise.

Contracts 45

Contracts Law False Advertising Advertising 45

43(B)log

MARCH 20, 2023

In 2010, the FDA decided to put information about diminished effectiveness for poor responders, associated with a particular genetic variant, in a black box warning, including language stating that poor metabolizers taking Plavix are more likely to have adverse cardiac events on the drug than non-poor responders.

Law 45

Law Advertising Advertising Journalism 45