False Advertising Litigation Social Media Trademark Law 
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. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion.
43(B)log
DECEMBER 1, 2022
An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content.
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43(B)log
NOVEMBER 8, 2023
I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.
43(B)log
FEBRUARY 3, 2023
Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. How do they make that happen? Gender and class?
SpicyIP
DECEMBER 30, 2023
The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
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