43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

JUNE 21, 2023

She alleged that its statements about “regenerative farming”; its ESG commitments; and “preserving natural resources” were “false, deceptive, and misleading.” Defendant brought a motion to strike under the anti-SLAPP law. She brought the usual California statutory claims.

Law 72

Law Social Media Reporting Business 72

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

IPilogue

DECEMBER 15, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”.

Social Media 105

Social Media False Advertising Copying Trademark 105

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

43(B)log

SEPTEMBER 20, 2021

Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. And can law make them do it?

False Advertising 49

False Advertising Contracts Branding Brands 49

Technology & Marketing Law Blog

JUNE 4, 2024

If you’re relatively new to Internet Law, Lady Freethinker’s arguments may sound like a clever legal approach. AOL from 2003, a case I still include in my Internet Law casebook. YouTube appeared first on Technology & Marketing Law Blog. But not at the expense of Section 230!)

Contracts 78

Contracts Designs Design False Advertising 78

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.

Advertising 40

Advertising Advertising False Advertising Social Media 40

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” Case citation : Bride v. The complaint.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

Copyright Lately

MARCH 31, 2024

To make matters worse, State Farm’s resident do-gooder “Jake” lands a Fonzie-style smack on the Crystal Castles machine to get it working—”suggesting falsely and disparagingly to consumers that Atari’s cabinets are low-quality, faulty, and/or unreliable.” A good media liability insurance policy could also help.

Copyright 78

Copyright Fair Use Social Media Artwork 78

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Initially, the court denied the motion to dismiss consumer protection law claims simply because the complaint also alleged violation of state securities laws and consumer protection laws don’t cover securities.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64

43(B)log

MARCH 18, 2022

They alleged violation of California’s FAL and UCL, false advertising under the Lanham Act, trade libel, and negligence. The state-law claims then failed. UCL-unlawful: Failed because it required a violation of some other law; there was none. First, they were untimely.

Law 59

Law False Advertising Social Media Branding 59

43(B)log

APRIL 26, 2023

The parties had other disputes, including accusing each other of posting false reviews of the other. Lanham Act false advertising counterclaim: IDT argued that, at most, its “Made in USA” statements were ambiguous. There’s more, including public disputes on Craigslist. Thus, Creager failed to show falsity or misleadingness.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

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. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

FEBRUARY 16, 2023

Jones is “a social media influencer, media personality, and celebrity gossip blogger.” Defendant Johnson is “a media personality and the founder, editor-in-chief, and CEO of the celebrity gossip website Hollywood Unlocked.” The Bigo defendants operate a social network and video platform, Bigo Live.

False Advertising 87

False Advertising Trademark Registration Advertising 87

Technology & Marketing Law Blog

DECEMBER 14, 2022

If the clinic is falsely claiming that he is, that’s false advertising and possibly defamation. Potential irony alert: 50 Cent has taunted Diddy for getting botox … When, if ever, can a company share a photo of a customer/friend on social media without consent? Case Citation : Jackson v. The complaint.

Social Media 119

Social Media False Advertising Advertising Advertising 119

43(B)log

MARCH 28, 2024

Princeton argued that (1) no coverage was available for claims during the 2017 to 18 Policy Period; (2) Wonderland breached the insurance contract by agreeing to the Consent Judgment in violation of the cooperation and non-assignment clauses; and (3) the Consent Judgment was unreasonable, and thus unenforceable, as a matter of law.

Advertising 64

Advertising Advertising Settlement Contracts 64

IP and Legal Filings

MAY 13, 2023

However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. This decision illustrates the uncertain nature of personality rights in Indian law. In Gautam Gambhir v.

Personality Rights 84

Personality Rights Privacy Trademark Law False Advertising 84

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

43(B)log

OCTOBER 6, 2021

They brought claims under the Lanham Act, Wisconsin’s privacy statute, and Wisconsin’s common law of negligence. Walkowicz allegedly received multiple emails and social-media messages commenting on the similarities between Walkowicz and Luciana and inquiries about whether they had endorsed the doll. Johnson & Son, Inc.,

Law 59

Law Privacy False Advertising Social Media 59

43(B)log

SEPTEMBER 1, 2021

Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” That favored a confusion finding.

Social Media 93

Social Media Television False Advertising Artistic Work 93

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. The court, following Ninth Circuit precedent, applied anti-SLAPP law despite being a federal court, and included the Maryland claims. Did they plead lack of an adequate remedy at law? of a motion picture.”

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 26, 2024

For example, 2U engaged in online advertising to promote USC Rossier’s ranking; it spent more than half of its revenue on program sales and marketing. USC likewise regularly touted USC Rossier’s ranking (and that USC Rossier was “top-ranked”) in press releases, on social media, on the Rossier Website, and in other promotional materials.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. TM law should facilitate disclosure or it will fall behind market. Fresh start.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 10, 2023

30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various menu items sold at their restaurants by making the food look bigger in pictures with more toppings and thicker patties. Chimienti v.

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. This could also be unfair competition under Maryland law. Pan 4 America, LLC v. Tito & Tita Food Truck, LLC, 2022 WL 622234, No.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

MARCH 21, 2024

Peacock alleged that Pabst violated consumer protection law by marketing “The Original Olympia Beer” as using naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, Washington) “despite the product being brewed elsewhere in the country using lower quality water and brewing methods.” Pabst Brewing Co.,

Social Media 59

Social Media Marketing Marketing Designs 59

43(B)log

FEBRUARY 17, 2022

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. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. The report didn’t prove causation.

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. While penalties vary by state, some states’ laws authorize civil penalties of up to $10,000 per violation. Takeaway No. Takeaway No. 5: Marketing to Minors.

Social Media 52

Social Media Privacy Advertising Advertising 52

The IPKat

JUNE 13, 2022

NFTs are legal property… A recent case in the High Court recognised NFTs as property under the law of England and Wales. Although they can infringement IP rights It is possible, although not necessarily lawful, for anyone to create an NFT. But, of course, they are not intellectual property… Don't worry, I'm exhausted too.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

MARCH 22, 2023

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. At common law, principals are vicariously liable for torts committed by their agents within the scope of the agency relationship. “To

Editing 59

Editing False Advertising Social Media Marketing 59

43(B)log

AUGUST 3, 2023

How do other areas of law treat relevance of death? Dignitary interests: false light, IIED, privacy typically expire w/person. Consumer protection: laws meant to protect consumers, death doesn’t matter—Princess Diana’s image on collectible plates—TM claim was maintainable. So too w/false advertising. Body parts.

Registration 52

Registration False Advertising Advertising Advertising 52

LexBlog IP

NOVEMBER 17, 2021

Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. 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

Technology & Marketing Law Blog

JUNE 12, 2022

A click fraud case against a competitor: Motogolf fails to state a false advertising claim under the Lanham Act. First, Motogolf does not plausibly allege that the defendants’ clicking activity constitutes commercial advertising. ” Arizona Board of Regents v. 21-16525 (9th Cir. May 13, 2022). Motogolf.com, LLC v.

Trademark 90

Trademark Advertising Advertising False Advertising 90