Remove topics material-misrepresentation
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Disparate impact isn't "unfair" for consumer protection purposes, court indicates

43(B)log

May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? Conopco, Inc., 20-2696 (8 h Cir. The court here implicitly says no, without ever confronting the question directly. Seems wrong to me. The court of appeals affirmed the dismissal of the complaint.

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You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

This ruling covers two key topics related to 512. Reading these statements together, Service denies that the takedown notice included any misrepresentation. Neither argument is convincing enough to persuade the Court that Bar-Z knowingly made any material misrepresentations to the service providers. ” Cite to ISE v.

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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

The trademark infringement is based on the unauthorised use of a brand, and the concerned owner can file a lawsuit against them if the trademark is registered and if the product is not the same, the demand can be made on the grounds of common law, misrepresentation, and unfair commercial practices. Ingredients Of Trademark Infringement.

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prescription and OTC products can directly compete; many non-FDCA-based claims survive

43(B)log

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, F.Supp.3d 3d -, 2021 WL 3417590, No. 21-cv-01280-JST (N.D.

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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

The trademark infringement is based on the unauthorised use of a brand, and the concerned owner can file a lawsuit against them if the trademark is registered and if the product is not the same, the demand can be made on the grounds of common law, misrepresentation, and unfair commercial practices. Ingredients Of Trademark Infringement.

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

43(B)log

I’m omitting infuriating and tragic details of the misrepresentations, but to get the flavor, one woman testified that she withdrew from a degree program at a different school that would have led to teacher licensure because she was told Ashford’s program was equivalent to the one she was attending.

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1H 2021 Quick Links, Part 1 (IP)

Technology & Marketing Law Blog

Defendant simply thought that the topic of pickleball on cruise ships would be interesting to the relatively few readers who visited his website. There is no evidence to suggest that Defendant’s use of the material was anything other than fair. Stebbins v. Polano, 2021 WL 2682339 (N.D.

IP 85