Category Archives: Advertising Law

WIPIP concurrent 3 (most of it)

Annemarie Bridy, Fearless Girl Meets Charging Bull: Copyright and the Regulation of IntertextualityDiModica (who made Charging Bull) complained that Fearless Girl’s placement created an unauthorized derivative work and violated VARA by being a material alteration that prejudiced his honor—Charging Bull was no longer optimistic but transformed into a threat. Turning a semiotic dispute into a legal one.Can © be leveraged to prevent confrontational dialogue w/preexisting works? What role does copyright play in regulating text to text and author to author interactions? And what can literary theory tell us?Existing scholarship on role of romantic author: presupposes/valorizes creative genius and possessive individualism. But US © has important differences from European law. Bahktin/Gerard Genette: intertextuality views works relationally rather than as closed systems—dialogism within & between texts. Monologic discourse is poetic; dialogic discourse….. To continue reading this legal news please click Read full information...

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Mini Dawn Donut Doctrine?

DONUT and DOUGHNUT are not homonyms, homophones, homographs or heteronyms. They are alternate spellings. Plaintiff has been using MINI DONUT FACTORY for a chain of stores in Illinois since 2008. It now has a federal registration. Defendant opened a donut store in Tampa under the name MINI DOUGHNUT FACTORY. Defendant, apparently a domainer turned donut purveyor, obtained the domain name MiniDonutFactory.com which it redirects to MiniDoughnut Factory.com. Plaintiff uses MiniDonutFactories.com... To continue reading this legal news please click Read full information...

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court awards sanctions for misrepresenting website as independent review site in false advertising case

Purple Innovation, LLC v. Honest Reviews, LLC, 2018 WL 840035, No. 17-cv-138 (D. Utah Feb. 12, 2018)A rare sanctions order in a false advertising case, in which the court grants sanctions based on the defendants’ submission of misleading and false statements to the court in opposing PI’s request for preliminary injunction. PI sells bed-in-a-box mattresses and other bedding products and relies strictly on e-commerce, meaning that online comment and review websites can have a significant impact on its business. A new mattress review website—www.honestmattressreviews.com—owned by Honest Reviews and operated by its sole owner, Monahan, began to post reviews.  The HMR website repeatedly stated that it wasn’t influenced by any mattress company and that it didn’t receive financial compensation for its reviews, e.g., HMR was “free from corporate or conglomerates…[that] silence or shape editorial narratives and truths,” and HMR….. To continue reading this legal news please click Read full information...

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NAD Re-Opens Dietary Fiber Case from 1994 Citing "Extraordinary Circumstances"

In a departure from past practice, NAD found that GSK Consumer Health (“GSK”) can support certain claims after Proctor & Gamble Company (“P&G”) successfully petitioned NAD to re-open a case heard by NAD in 1994. Read More › Tags: Council of Better Business Bureau, NAD.. To continue reading this legal news please click Read full information...

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Faruki+ Welcomes New Attorney

Faruki Ireland Cox Rhinehart & Dusing PLL is pleased to welcome Lynn Reynolds as its newest attorney.  Prior to joining the firm, Lynn was Vice President and Head of Legal at LexisNexis.  Her practice focuses on employment and corporate compliance counseling.  See Pitch Engine article. The post Faruki+ Welcomes New Attorney appeared first on Faruki Ireland Cox Rhinehart & Dusing PLL... To continue reading this legal news please click Read full information...

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