Remove Brands Remove Designs Remove False Advertising Remove Social Media
article thumbnail

Intellectual Property Rights for Social Media Influencers

IIPRD

A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information. One of the most significant methods to safeguard material on social media is through copyright.

article thumbnail

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account. This was enough survive the motion to dismiss.

Copying 94
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

WIPIP session 4: ™ & Consumers

43(B)log

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v.

article thumbnail

Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap

Technology & Marketing Law Blog

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Internet Brands , 230 applies to the failure-to-warn claims because “Plaintiffs’ theory would require the editing of third-party content, thus treating Defendants as a publisher of content.”

article thumbnail

hashtags are plausibly infringing; sales claims plausibly false based on P's own history of sales

43(B)log

Purlife Brands, Inc., 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Motion to dismiss denied as to trademark infringement, false designation of origin, and unfair competition claims based on the use of Smarty Pear’s hashtags.

article thumbnail

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. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

article thumbnail

Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.