Remove Artistic Work Remove False Advertising Remove Marketing Remove Settlement
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”

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USC IP year in review, TM/ROP

43(B)log

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

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