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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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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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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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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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

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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.”

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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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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.