Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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Advertising Advertising False Advertising Social Media 40

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. However, this case’s litigation approach is problematic. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies.

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False Advertising Social Media Publishing Advertising 86

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.

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False Advertising Contracts Branding Brands 49

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. A whole industry exists of social media influencers, who create their own content touting products and receive commission on sales of those products that stem from their advertising. What about statements about how a product was “designed”? 17-cv-7394 (LJL) (S.D.N.Y.

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Advertising Advertising False Advertising Marketing 80

43(B)log

JULY 6, 2022

All were limited to individuals who purchased JUUL products from brick and mortar or online retailers (with the usual exclusions for those involved in the litigation). Variations in different marketing campaigns and channels (social media versus traditional media) did not defeat predominance. In Re Juul Labs, Inc.,

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Social Media Marketing Marketing Advertising 59

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. The judge isn’t hearing that they’re not counterfeiters. NYU Press, 2016).

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Fair Use Branding Brands Branding 45

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? There was clear knowledge of the automatic stay, given that “Charter premised the campaign on false assertions regarding the Debtors’ bankruptcy cases.” Interstate Protective Services, Inc. (In In re Alert Hldgs., 194 (Bankr.

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False Advertising Advertising Advertising Law 119