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topics objective-falsity

Is disgorgement the new normal in Lanham Act cases?

43(B)log

SEPTEMBER 6, 2021

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

JULY 20, 2023

But even if he had, his speech was not entitled to First Amendment protection: The publications were commercial speech, and there were fact issues on falsity/misleadingness, for which he could be held liable. The government can show either falsity/misleadingness or lack of substantiation to prevail.

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Is disgorgement the new normal in Lanham Act cases?

Covid-19 Act gives government more options in proceeding against supplement seller

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