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10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market

43(B)log

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. NatureWise’s products advertised that they met the same Dr. Oz-endorsed requirements. Heartwise, Inc.,

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Nigerian Advertising Regulator Tackling Meta

IP and Legal Filings

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

43(B)log

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” initial Bike+ app with [bike more] in name and b+ in icon 2021 Bike+ name with logo and "Bike" in icon Like the 2014 app, the 2021 app is for metric tracking while cycling.

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Defendant's belief its ads were effective is evidence of injury

43(B)log

I n 2014, Amgen introduced Onpro, a new method for delivering Neulasta through an “on-body injector.” The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

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Former distributor's continuing use of "authorized distributor" leads to TM and false advertising claims

43(B)log

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. When it was an authorized Axon distributor, LHB’s owner registered various domain names including taser.org and tasers.org to help it market Tasers online.

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

Technology & Marketing Law Blog

Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). Aliign spent a lot of money on this lawsuit, seemingly far disproportionate to the amount of money they expect to make from sales of their own goods (they made only 2 independent sales since 2014). Google cases. Greenberg v.

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Gerber's Good Start troubles continue

43(B)log

2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) He would further opine that “there is a significant and substantial body of scientific evidence to support the representations in the Challenged Advertisements.” and] an allergy risk reduction benefit.”