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Competitor has standing to bring false association claims for false association w/3d party

43(B)log

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

False Advertising. eBay case from 2008. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

In 2008, it launched its successful “Align” yoga mat line. lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. lululemon is the well-known yoga gear company. lululemon sought summary judgment.

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Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo

Technology & Marketing Law Blog

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. 3d 1265 (M.D.

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Fish & Richardson Elevates 17 Attorneys to Principal 

Fish & Richardson Trademark & Copyright Thoughts

cum laude , in computer science and business from Lehigh University in 2008. 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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over aggressive partial dissent, 11th Cir. allows some class claims against Ford "track ready" claims to proceed

43(B)log

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,