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. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Toyota, 610 F.3d 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

SEPTEMBER 15, 2021

They alleged that defendants copied the program and infringed the patent, as well as engaged in a smear campaign against plaintiffs in an effort to steal market share in the pediatric orthopedic industry. I’m only going to discuss the false advertising aspects.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59

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

LexBlog IP

NOVEMBER 17, 2021

Kaira District Co-Operative Milk Producers’ Union Limited and Gujarat Cooperative Milk Marketing Federation Ltd. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

JULY 20, 2023

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” The COVID-19 Act was enacted on December 27, 2020. It filed suit on April 15, 2021.

Government 52

Government Advertising Advertising Social Media 52

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Keep up with the culture by considering social media. It’s market definition. Death closes things off. Makes sense b/c consumer protection law’s goal is information safety and not vindicating rights of decedent.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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.” On social media: "Were U planning on telling UR customers" [to switch before they lose service]? In re Alert Hldgs.,

False Advertising 119

False Advertising Advertising Advertising Law 119

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Fresh start.

Social Media 52

Social Media Fair Use Advertising Advertising 52

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