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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions. ” Dawgs brief.

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Real Estate (Regulation and Development) Act 2016 with reference to Maharashtra

IP and Legal Filings

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. The following are the essential components of the Real Estate (Regulation and Development) Act, 2016: Establishing Real Estate Regulatory Authority and Appellate Tribunal. 16 of 2016. [2]

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An Analysis On Conflict Between Advertisement Tax & GST

IP and Legal Filings

The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. The issue that is being discussed hear is about the conflict between the advertisement tax and the Good Service Tax and whether the implementation of both taxes lead to the problem of Double taxation. State of U.P [3]

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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ordinary recalls aren't commercial advertising or promotion

43(B)log

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were โ€œclosely related to strainsโ€ of Listeria detected in vegetables processed at CRFโ€™s facility. Lanham Act claim: The recall was not โ€œcommercial advertising or promotion.โ€ 3d 723 (6th Cir.

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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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

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4th Circuit upholds contempt ruling in false advertising case: scrub your website and FB account!

43(B)log

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didnโ€™t define the term, but since it was based on a Lanham Act violation, โ€œcommercial advertising or promotionโ€ was the proper guidepost. Anyway, that was โ€œcommercial advertising or promotion.โ€ De Simone v. 20-1846, No.