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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

43(B)log

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

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Gerber's Good Start troubles continue

43(B)log

As for the implied FDA endorsement: (1) A coupon affixed to certain GSG containers described it as “the first and only formula brand made from 100% whey protein partially hydrolyzed, and that meets the criteria for a FDA Qualified Health Claim for atopic dermatitis.” I’m not clear how a reasonable jury could find otherwise.)

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

43(B)log

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. But the third statement was literally false.

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Kentucky bourbon distilled in Indiana?

43(B)log

Fresh Bourbon allegedly falsely advertises that Fresh Bourbon is the “first black-owned bourbon distillery in Kentucky,” and makes other related false claims, which is allegedly false because it’s not a distillery, which requires both federal (TTB) and Kentucky (KABC) licenses. POM Wonderful LLC v. Coca-Cola Co.,

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Top Trademark Trends of 2022

Erik K Pelton

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2014: [link]. The firm has registered more than 4,000 U.S.

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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). 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.

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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.