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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.”
The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. ” (How about this: let’s not). Netscape and 2011 Network Automation cases modified it.
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