Remove 2004 Remove Advertising Remove False Advertising Remove Trademark
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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

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Gema USA, Inc. Sues Former Employee for Alleged Patent & Trademark Infringement

Indiana Intellectual Property Law

The United States Patent and Trademark Office issued Patent Nos. September 14, 2004. is not an authorized Gema distributor and upon information and belief, does not sell “new” Gema products but rather sells knocks-offs using the Gema Trademarks without authorization. First in Finishing, Inc.’s Registration No. Registration Date.

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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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Fish & Richardson Elevates 17 Attorneys to Principal 

Fish & Richardson Trademark & Copyright Thoughts

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

43(B)log

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford "track ready" claims to proceed

43(B)log

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,