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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

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Piracy Relic ‘Putlocker.com’ Auctioned Off For $102,499

TorrentFreak

It’s perhaps fitting that sites that relied heavily on copying are being copied themselves; the original operators can hardly complain about that. In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Putlocker.com.

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Mojang Continues Crackdown on Minecraft ‘Pirates’

TorrentFreak

In the years following its initial release in 2011, Minecraft captured a truly massive audience. With hundreds of millions of copies sold, it’s also the best-selling video game in history, a reign that looks set to continue. However, that doesn’t completely stop the problem.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

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shipping facilitator escapes direct (c)/TM claims; alleged hinkiness not enough for contributory liability either

43(B)log

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

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Despite likely confusion and presumption of irreparable harm, delay dooms old USFL's PI bid

43(B)log

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. They have also entered into numerous business partnerships and relationships for ticketing, advertising and apparel sales.” Plaintiff’s 1980s USFL registrations lapsed.