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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

43(B)log

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.

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DNS Providers as Piracy Fighters? Enforcement Groups Weigh Options

TorrentFreak

Internet service providers, websites, search engines, hosting providers, domain companies, social media services, and advertising companies are all considered part of the problem.

Music 126
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Less to the FTC’s Notice of Penalty Offenses Than Meets the Eye?

LexBlog IP

Suppose, for example, an advertiser states immediately adjacent to a picture of its product that flossing has been endorsed by a medical association, which the agency argues falsely implies that the association has endorsed not just flossing but also the advertiser’s product. The notice relies on Cliffdale here as well.

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NFTs: New Frontiers for Trademarks

IP Tech Blog

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

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Takedown Services Under Copyright Law

IP and Legal Filings

The safe harbour exemption clause was added to Section 79 of the Information Technology Act of 2000, which protected an intermediary from liability for third-party content on its platform if it completed “due diligence” as specified by the Central Government.

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NFTs: New Frontiers for Trademarks

LexBlog IP

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.