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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. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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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. Government’s notorious markets report.

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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. 3d 1068 (9th Cir.

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From Static Symbols to Fluid Brand Identities

IP and Legal Filings

Through sharing their agenda and beliefs the trade mark holders try to connect to their users and have found this to be a successful way to strengthen their reputation and goodwill in the market. Joy Creators, 2011 (45) PTC 541. [2] During the Covid times, we have seen several brands adopting fluid logos for a social cause.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.