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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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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

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LinkedIn posts weren't commercial advertising or promotion for pediatric orthopedics

43(B)log

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects.

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

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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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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Second, the Defendant was misrepresenting itself and creating confusion: they were using exact copies of Kaira’s marks and copyrighted works. Default judgment can be an effective way to stop online infringement.

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Covid-19 Act gives government more options in proceeding against supplement seller

43(B)log

Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ” It filed suit on April 15, 2021. The COVID-19 Act was enacted on December 27, 2020.