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maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

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Lawfare in the orphan drug space

43(B)log

This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.” But the citizen petition wasn’t excepted commercial speech.

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