43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The parties compete in the market for probiotics. Visbiome “is one of the most extensively studied probiotics on the market, having been the subject of more than 70 human clinical trials.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 45

Editing Contracts Copying Law 45

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Normally trademark owners aren’t third-party beneficiaries of that contract. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Per Malwarebytes , the online marketplace should qualify for Section 230 protection for the Lanham Act false advertising claims).

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will.

False Advertising 119

False Advertising Advertising Advertising Law 119

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? Obligation not to stop copying, or a right to stop copying, is different.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. TM law should facilitate disclosure or it will fall behind market. 57% say sellers could be liable for false etc. Q: endgame?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119