43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. LJD therefore reduced the amount of business it conducted with Creager until it could determine how the litigation between Creager and IDT was resolved. The ads used the entire images.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” None of those were branding uses. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 24, 2024

Can enshrine things like notice & takedown in © law, but that has effects on the ability to assert fair use. 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.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. In fair use, 3 of 4 factors center on the copyrighted work, while the first attends to the use, but not to the policy implications of the use or the moral/political status of the user.

Privacy 59

Privacy Fair Use Fanworks Government 59