43(B)log

NOVEMBER 28, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms. This was a contract dispute, not a Yu problem.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

NOVEMBER 5, 2021

3, 2021) SquareTrade sells service contracts for the protection of consumer goods. But “a party does not violate General Business Law § 349 by simply publishing truthful information and allowing consumers to make their own assumptions about the nature of the information.” SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D.

Contracts 59

Contracts Business Law Publishing 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

SEPTEMBER 21, 2021

They bought the annual edition of a legal resource manual, New York Landlord-Tenant Law (the Tanbook), which was published by Matthew Bender. The Tanbook was advertised and available for sale to the general public, including through Matthew Bender’s website and a public, online shopping service. 2021 NY Slip Op 03485, N.E.3d

Editing 45

Editing Contracts Copying Law 45

IIPRD

AUGUST 4, 2022

When your work begins “trending,” it’s tough to maintain track of how, when, and where it’s being replicated or re-published. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

SpicyIP

DECEMBER 30, 2023

HarperCollins Publishers India Pvt. 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. a) Top 10 IP Judgements/Orders (Topicality/Impact) 1. RDB and Co. the licensee. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Property 1201 met connected devices—computers are everywhere. Cablevision.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

FEBRUARY 3, 2023

Interested in sellers’ understanding of the contracts. Lemley: is/should there be contributory false advertising liability? 3) Mark McKenna—not formalism but absence of guardrails imposed on realism in classical unfair competition. 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

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94