Remove 2021 Remove Contracts Remove Designs Remove False Advertising
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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act false advertising claim survived.

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

43(B)log

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

Vining, 2021 WL 4344891, No. False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere

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Local Medical Supply Store Sued for Selling Counterfeit Products

Indiana Intellectual Property Law

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021. 5,572,801 and 6,069,279.

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how detailed must pleading be to link falsity with lost sales?

43(B)log

BD alleged that Medline made false and misleading statements that BD had to change its original design as a result of the patent litigation, that the original was found to infringe one or more of Medline’s patents, that the original was discontinued, and that the reverted design would negatively impact BD’s ability to supply sufficient inventory.

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individualized smear campaign wasn't plausibly commercial advertising or promotion

43(B)log

6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” Meredith Lodging LLC v.

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trolling over gnomes--no, really--on Amazon

43(B)log

Drone Whirl LLC, 2021 WL 3474007, No. It counterclaimed for unfair competition under the Lanham Act, as well as Texas common-law claims of fraud, breach of contract, business disparagement, and tortious interference with existing and prospective business relations. Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D.