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

43(B)log

SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina.

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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D. Plaintiffs raise allegedly awesome polo ponies.

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crypto lender plausibly violated UCL via unlawfulness and deceptiveness

43(B)log

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

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Statements in Insider article were plausibly commercial advertising or promotion

43(B)log

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. To say we are disappointed by the events that transpired as a result of this license is an understatement. Glamour Dolls Inc.

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literal falsity of claim that website doesn't allow checkout in under a minute supports preliminary injunction

43(B)log

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. Implications.