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Restaurants who partner with Grubhub pay it a percentage for “an additional way of generating orders, internet advertising, and a delivery infrastructure.” Plaintiffs alleged that, since its founding (2004), Grubhub only included restaurants on its platform who agreed to appear.
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.
Thus, any falseadvertising claim would lie against Albaum, not [directly] against ChromaDex. But the court held that “the FAQs as a whole do not qualify or dispel the notion that Brenner was the one who discovered NR and that he did so in 2004.”
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 falseadvertising.
Lanham Act falseadvertising: 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.”
Nonprofit allegations: In 2004, GCE—which became a publicly traded company—purchased what is now GCU and began operating it as a for-profit institution. In 2014, GCE chartered GCU as an Arizona nonprofit corporation.
2004), abrogated in part on other grounds by Bridge v. Does the TMA’s rebuttable presumption of irreparable harm to trademark owners put the burden on the party who has most access to the evidence? And it rejected plaintiffs’ invocation of Klay v. Humana, 382 F.3d 3d 1241 (11th Cir. Phoenix Bond & Indem.
Safelite allegedly falselyadvertised 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.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?
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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