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

43(B)log

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. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

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Monster wins permanent injunction against VPX in false advertising case

43(B)log

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts.

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Watch Now: Advertising Best Practices for the Generalist In-House Counsel

Trademark and Copyright Law Blog

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

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

43(B)log

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. 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. ”

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"TM-compliant" ads not shown to be nominative fair use

43(B)log

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Toyota, 610 F.3d 3d at 1177.

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ESG statements are commercial speech excluded from California's anti-SLAPP law

43(B)log

5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on Environmental, Social and Governance Actions.”

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marketing may be material even to very expensive/complex business purchases

43(B)log

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.