Remove 2005 Remove Advertising Remove False Advertising Remove Marketing
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timeshare exit ads could proximately cause harm even w/o telling people to stop paying

43(B)log

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

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is there a difference between "clinically tested" and "clinically proven" to reasonable consumers?

43(B)log

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits. million. (If

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Judge Noreika Denies Plaintiffs and Defendants’ Respective Motions for Summary Judgment on Infringement/Non-Infringement in Trademark Infringement Action and Grants-in-Part Defendants’ Motion with Respect to Actual Damages

Delaware Intellectual Property Litigation Blog

Plaintiff is not seeking lost sales, lost market share, or lost goodwill, . . [and and that] Plaintiff did no corrective advertising.” 2005) for courts to consider when deciding whether to grant disgorgement damages in a trademark infringement action. Thus, the Court granted the motion with respect to actual damages.

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1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach. More Posts About Keyword Advertising. WhenU (2d Cir. Keyword Ads. Proximity of goods.

Trademark 107
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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

43(B)log

The court explains: Ashford University was founded in 2005, when Zovio, which had never offered any degree programs, purchased a small campus-based religious university located in Iowa. Zovio renamed the school Ashford University (Ashford) and transformed it into an enormous online institution that was marketed as a traditional university. [It