43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., collectively.” .…

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MARCH 28, 2024

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. So the burden falls to Princeton to show that its exclusion is valid.”

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.”

False Advertising 90

False Advertising Social Media Publishing Advertising 90

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims.

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

JANUARY 25, 2022

Interestingly—and it seems to me wrongly—the court likewise refused to dismiss false light invasion of privacy claims brought by Chaverri, even though he was never named, because “statements made about Mr. Chaverri’s business certainly concern him and are about business matters for which he was directly responsible—a fact reasonably discerned from (..)

Designs 59

Designs Design Privacy Blogging 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 120

Blogging Law Contracts Cease and Desist 120

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. As the minority opinion says in a footnote, “Although the majority compares the right of publicity to patent, copyright, and (especially) trademark rights, they clearly are not the same thing.”

Intellectual Property 136

Intellectual Property Trademark Marketing Marketing 136

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

Advertising 102

Advertising Advertising Trademark Settlement 102

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). pounds/week); 86% make positive subjective claims; 78% make business opportunity claims. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 25, 2023

Does a link to a privacy policy provide effective notice? 3) double identity and advertising: note that in the US comparisons for house brands are often made on the bottle or package! (4) 4) False advertising has similar theories to those discussed by Burrell in the US: misleading v. There is a morality for that.

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

FEBRUARY 19, 2022

The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. It’s ok for businesses to do most profitable things.

Law 119

Law Branding Brands Branding 119

LexBlog IP

MARCH 1, 2022

Other materials, such as internal documents used to train sales representatives, were held not to violate false advertising laws at all as there was no evidence those materials were ever shown to any physician or consumer. 8: California Privacy Enforcement Update. 9: Colorado and Virginia Follow California’s Privacy Lead.

Social Media 52

Social Media Privacy Advertising Advertising 52