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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.] 4th 135 (2004); cf.

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

September 14, 2004. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. ยงยง 114 and 1125(a). Registration No. Registration Date. OPTISELECT. May 16, 2017. April 29, 2008. April 9, 2019. January 6, 2015.

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. But the court held that โ€œthe FAQs as a whole do not qualify or dispel the notion that Brenner was the one who discovered NR and that he did so in 2004.โ€

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maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

Lanham Act false advertising: Failing to delete email and voicemail accounts is not โ€œcommercial advertising or promotion.โ€ Omissions and inactions of this sort do not constitute either ordinary advertising or โ€œa systematic communicative endeavor to persuade possible customers to buy the sellerโ€™s product.โ€

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Fish & Richardson Elevates 17 Attorneys to Principalย 

Fish & Richardson Trademark & Copyright Thoughts

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

43(B)log

Safelite allegedly falsely advertised that (1) โ€œif damage spreads beyond the size of a dollar bill, a replacement will be necessaryโ€; (2) โ€œwhen a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.โ€ can be safe and is viable.โ€ Were plaintiffsโ€™ injuries proximately caused by Safelite?

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

43(B)log

Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan. Parks, who had (as relevant) a Ph.D. in cellular and molecular biology in 1999 but hadnโ€™t conducted academic or peer-reviewed research since 2000 ; none of this research related to zinc or any dietary supplement, or to covid.