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antitrust claim against Suboxone, including false advertising, survives summary judgment

43(B)log

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

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standard setting bodies don't proximately cause Lanham Act injury when states adopt their recommendations

43(B)log

21, 2022) Geomatrix sued defendants for Sherman Act violations and false advertising in the market for onsite wastewater treatment systems, aka septic systems. Two competitors are defendants, as well as NSF, a nonprofit accredited by ANSI that “certifies many of the onsite wastewater products brought into commerce.”

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gold buyer's "up to 90%" payment claims were plausibly misleading

43(B)log

In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered. Express Gold Cash, Inc. Beyond 79, LLC, 2020 WL 9848431, No. 18-CV-00837 EAW (W.D.N.Y. 15, 2020) Previous opinion.

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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% News and World Report’s 2010 edition of America’s Best Graduate Schools.” As Plaintiffs note, if the law were otherwise, “any business that submits false information to get a certification.

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Top Trademark Trends of 2022

Erik K Pelton

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2010: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

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“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? The court rejects both claims. The ECPA requires the plaintiff to show that “her posts in the Groups were not readily accessible by the general public.”

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