43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

Advertising 59

Advertising Advertising False Advertising Government 59

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

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. 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

DECEMBER 1, 2022

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

MAY 3, 2023

“Defendant’s argument confuses the question of whether a reasonable consumer would likely be misled by an allegedly false advertisement with the separate question—relevant where reliance is at issue—of whether an individual consumer was misled by the advertisement….

Music 59

Music False Advertising Advertising Advertising 59

43(B)log

SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered. That’s a question of fact.

False Advertising 45

False Advertising Advertising Advertising Television 45

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Hepp is a television newscaster. ” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” About the Case.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

DECEMBER 30, 2023

Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124