43(B)log
SEPTEMBER 6, 2023
2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. International Medical Devices, Inc., Here, we deal only with the claims for injunctive relief.
43(B)log
DECEMBER 15, 2023
2023 WL 8586681, No. 8, 2023) When does TM logic creep into false advertising cases? The allegation that hundreds of brands have been targeted by Tundra’s false advertising “supports an inference Tundra’s misrepresentations have the tendency to deceive a substantial segment of Faire’s audience.”
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JD Supra Law
JUNE 22, 2023
In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the claim. June 2, 2023) (Clifton, Bumatay, By: McDermott Will & Emery Enigma Software Group USA, LLC v.
43(B)log
JULY 19, 2023
19-662-CFC, 2023 WL 4561059 (D. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., It also found that CareDx was entitled to $21.2
43(B)log
JANUARY 13, 2023
Meadow Gold Dairies Hawaii, LLC, 2023 WL 159907, No. 11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)?
43(B)log
FEBRUARY 16, 2024
30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.
43(B)log
MAY 22, 2023
2023 WL 3510374, No. May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in a false advertising case where the plaintiffs seek only equitable remedies. Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,
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