43(B)log

FEBRUARY 26, 2024

23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

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Advertising Advertising False Advertising Marketing 59

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Faire sued, challenging Tundra’s unauthorized use of Faire’s users’ login credentials to gain access to Faire’s non-public information. Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product.

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

OCTOBER 19, 2022

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. Trade Representative (USTR).

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Marketing Marketing Copyright Technology 125

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

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Advertising Advertising Contracts Social Media 107

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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False Advertising Advertising Advertising Business 99

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

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43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

TorrentFreak

NOVEMBER 19, 2023

Put much more bluntly, entertainment companies want to make sure that the people ‘stealing’ their content are kept safe and don’t have their private information unnecessarily exposed. As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v.

Marketing 101

Marketing Marketing Privacy Intellectual Property 101

IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Branding Brands 57

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What’s concerning, however, is that there’s little information available on what sites are included.

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Advertising Advertising Intellectual Property Reporting 121

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. This provides consumers with more information and allows small businesses to compete with mega corporations. Operations (“Constellation”).

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Advertising Advertising Trademark Branding 105

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.

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LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience.

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Advertising Advertising Marketing Marketing 52

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Church even describes LumberKote as “a fine product” that, “like everything” on the market, “is only as good as it’s installed.” Some versions of this look for advertising format in part 1.]

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False Advertising Advertising Advertising Marketing 60

LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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Fair Use Advertising Advertising Branding 105

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

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Fair Use Advertising Advertising False Advertising 64

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

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False Advertising Advertising Advertising Marketing 52

LexBlog IP

MARCH 7, 2023

” According to the FDA, the directory is “a one-stop shop of ingredient information that was previously found on different FDA webpages.” ” It will allow users to search for information on ingredients in dietary supplements and quickly find links to agency actions and communications.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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False Advertising Advertising Advertising Copyright 64

IP Tech Blog

OCTOBER 4, 2021

UK regulator, the Competition and Markets Authority ( CMA ), has now published the Green Claims Code to help businesses understand their obligations under consumer protection law. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

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Advertising Advertising Publishing Marketing 57

IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response. This is a global issue.

Marketing 52

Marketing Marketing Business Branding 52

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

Branding 52

Branding Brands Branding Social Media 52

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians. 2021 WL 4622504, No.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 29, 2021

Here, the court granted leave to amend to add a false advertising claim. One of its most popular products is a line of copper-infused compression clothing, marketed under the trademark “Copper Fit,” allegedly designed to alleviate muscle and joint soreness and pain. Materials revealed in discovery can support a finding of good cause.

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False Advertising Advertising Advertising Designs 59

43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

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False Advertising Trademark Advertising Advertising 75

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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False Advertising Advertising Advertising Artistic Work 59

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 57

Social Media Advertising Advertising Branding 57

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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Advertising Advertising False Advertising Marketing 80

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

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False Advertising Advertising Advertising Reporting 45