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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their business operations. It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

It has more than 400 commercial customers, including global enterprises such as Walmart, Comcast, Cisco, and eBay, and also does substantial business with government agencies, including US agencies. It has trademark registrations for the word mark “NEO4J.” Summary judgment granted on state and federal false advertising claims.

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

43(B)log

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were.

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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Trade Dress Protection: Laws and Its Relevance

IP and Legal Filings

Trade dress protection and its relevance in business environments. In competitive business environments, companies are required to ensure that every single component of a product, including its packaging, taste, appearance, and look and feel can contribute and sustain the brand’s commercial viability and growth.

Law 52