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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.

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"Australia's #1" is puffery for product sourced from but not sold in Australia

43(B)log

MaxRelief used to surce pain relief spray products in Australia from a non-party, but stopped in 2014. Painaway advertised its products as “Australia’s No.

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts.

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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. The court rejected Axon’s argument that LHB could have identified its products by calling them CEWs; they were Taser brand products.