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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

2024 WL 629985, No. 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. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., 1, 2017 to Apr.

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

2024 WL 1285631, C.A. 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. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D.

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D's consumer survey defeats class action about relevance of geographic origin of water for brewing beer

43(B)log

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Makemytrip (India) Pvt.

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