43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts. and] expects to complete.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 3, 2024

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.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. Does its awareness of the stay mean that its false advertising violates the automatic stay?

False Advertising 119

False Advertising Advertising Advertising Law 119

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? Lay sellers don’t have strong understanding of laws and/or don’t feel bound by them.

False Advertising 45

False Advertising Trademark Advertising Advertising 45