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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

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Even in a small market, a few varied phone calls aren't commercial advertising or promotion

43(B)log

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

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Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies

LexBlog IP

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Are the reports advertisements?

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. 2015) (emphasis added). Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. on all counts.

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Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon

Technology & Marketing Law Blog

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. The infringement at trial was a photo of a sportscar illegally used on the internet for advertising purposes.