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Lexmark allows direct and contributory false advertising claims against certifier

43(B)log

19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” As for the contributory false advertising claim, it too was well pled. PFS Corp.,

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Coach narrowly alleges grounds for cancellation of similar marks

43(B)log

2021 WL 1534988, No. accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint did “narrowly” state a claim.

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Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. Nirmel, 2021 WL 3475596 (S.D.N.Y. Case citation : Jim S. Adler, P.C.

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safety claims aren't puffery when in the context of guns

43(B)log

2021 WL 6804234, No. 22, 2021) Johnson brought a claim on behalf of a putative class that Glock sold defective firearms. He claims that Glock entered into settlements with confidentiality provisions with those who sued over the defect, to prevent the public from learning about it. Glock, Inc., 3:20-cv-08807-WHO (N.D.

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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

Yes, it’s 2021. Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021). More Posts About Keyword Advertising.

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USC IP year in review, TM/ROP

43(B)log

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94
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Global Advertising Lawyers Alliance (GALA) Webinar – “Hot Topics in Advertising Law in North America”

43(B)log

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B.