43(B)log

APRIL 26, 2022

Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. VPX also allegedly advertised Super Creatine as providing the health benefits of “creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. I’m not sure this makes sense.

Advertising 59

Advertising Advertising Social Media Contracts 59

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

NOVEMBER 6, 2023

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.” Any “exit” came from default. In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

AUGUST 3, 2023

Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Exploitative: 99% make no profit/lose money; stuck w/unwanted inventory; exploitative based on false promises of wealth and miracle products—the seller gets free advertising.

Social Media 52

Social Media Fair Use Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Interested in sellers’ understanding of the contracts. Web of federal and state regulation. Interviews/surveys?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

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. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94