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two opinions send "false advertising of certification mark" claim to jury

43(B)log

pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Defendants challenged whether plaintiffs identified any false or misleading statements by defendants. In Baldino’s Lock & Key Serv., Google, Inc., App’x 81 (4th Cir. weren’t the Defendants’ certifications at all.…

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Dastar prevents misrepresentation of source of IP from being material

43(B)log

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. In 2015, the Catalogue Raisonné Amedeo Modigliani is henceforth transferred to Institut Restellini, being taken up with new methods, even more modern and scientifically extensive.

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"The usual California claims"

43(B)log

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). Pulaski & Middleman, LLC v. Google, Inc.,

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

43(B)log

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

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Lawfare in the orphan drug space

43(B)log

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. Acquisitive didn’t show that the litigation privilege applied, since it didn’t argue that the citizen petition was part of a judicial or quasi-judicial proceeding. What about statements in the citizen petition/statements to investors?

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Likely confusion alone justifies liability but not damages or profits in exercise equipment case

43(B)log

In addition, the jury reasonably (if just barely) could have found that Core Health began to manufacture Max Racks after the agreement expired in November 2015.” Max Rack did not have a “noticeably stronger” “litigating position” given Core’s payment of a lot of profits/royalties before trial.