43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Thus, Universal argued that the alleged misrepresentation was too vague and non-specific to definitely represent that viewers would see De Armas or her segment in the movie. But explicit misstatements aren’t required.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 78

Branding Brands Branding Trademark 78

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration. Keep up with the culture by considering social media. It’s market definition.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

JULY 6, 2022

Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. If JLI timely decided to raise an arbitration agreement defense, that could also be dealt with by altering the class definition. The court also rejected a bunch of Daubert challenges.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

FEBRUARY 3, 2023

They don’t use it often but they definitely have it, and more courts are following the Belmora approach of saying 43(a) gives them that authority.] (3) Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2024

I also don’t think used, grey market, expired/near expired, repackaged goods, mishandled goods are infringing or counterfeit; the problem if any is that they’re falsely advertised. User names on social media may or may not include trademarks; user bios give more information. McGeveran: that’s definitely Wal-Mart.

Fair Use 45

Fair Use Branding Brands Branding 45

SpicyIP

DECEMBER 30, 2023

The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124