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TM and takings claims against Puerto Rico fail: license plates/tags aren't use in commerce

43(B)log

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

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truthful statement about role in developing product isn't falsified by later split

43(B)log

However, Von Berg allegedly sold Nutra-Luxe to Lash HoldCo, LLC without notice or compensation to Hawrych without paying him, at which point Hawrych revoked permissions and licenses that he had granted Defendants for the use of his name, image, and trademark. Thus, the false advertising claim would be dismissed.

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Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023

The IP Law Blog

In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes.

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. Similar reasoning applied to statements about licensing a pending patent (application). But ChromaDex does not own a patent on NR, a substance found in nature; it licenses a patent for one method of manufacturing NR.

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet ” Purchaser care. LoanStreet v.

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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

The agreement granting CMT a license to broadcast that program does not mention Plaintiffs. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.”