43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. 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.” This was, they alleged, a pump and dump scheme.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

LexBlog IP

DECEMBER 26, 2023

They don’t have the sophistication yet to generate a logo that for sure wouldn’t definitely infringe on someone else’s if you used it. You will need to have proper searching due diligence done to make sure you won’t be infringing on someone else’s trademark rights. Like speeding.

Designs 52

Designs Design Trademark Copyright 52

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. POI Social Media Pvt. vs Vijay Munjal And Anr.

Due Diligence 59

Due Diligence Invention IP Copyright 59