43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc., 2022 WL 5245633, No.

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IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

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False Advertising Confidentiality Settlement Contracts 40

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

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Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

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False Advertising Confidentiality Copyright Infringement Contracts 52

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. DealMaker argued that its offers weren’t the same as Issuance’s so one-to-one comparisons were false, and that its fees don’t depend on a percentage of capital raised.

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43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. means, because none of the allegedly false statements actually said “source of creatine.”

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False Advertising Advertising Advertising Contracts 59

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

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