IP and Legal Filings

MAY 13, 2023

Therefore, the right to publicity in the US aims to prevent the unfair appropriation of an individual’s celebrity for commercial gains, indicating a close association with false advertising law. Courts in India have relied on a combination of legal concepts to determine the status of personality rights. D.A.P & Co. &

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. Jones is “a social media influencer, media personality, and celebrity gossip blogger.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

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 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

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.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

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?

False Advertising 45

False Advertising Trademark Advertising Advertising 45