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

43(B)log

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.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

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.

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

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competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

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.

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Ten things to know about NFTs

The IPKat

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.

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False endorsement remains broader than many state ROP laws

43(B)log

Walkowicz alleges that at least one American Girl employee or consultant attended multiple events at which they discussed their work. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll.

Law 59
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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. 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.”