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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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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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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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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. Prior import plans in 2010-11 were paused. So, did Industria satisfy Lexmark ?

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Gerber's Good Start troubles continue

43(B)log

Plaintiffs alleged that these ads were false and misleading because there was no scientific evidence supporting the claim that GSG reduced the risk of developing certain allergies or atopic dermatitis. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3)

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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. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Labeled search results.

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Laches bars TM claims but what counts as "Made in the USA" merits trial

43(B)log

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” J-B Weld began in 2014 to sell gasket makers as “Ultimate Black” and “Ultimate Grey.”