Remove 2012 Remove Branding Remove False Advertising
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The First Amendment has long coexisted with no-fault false advertising laws. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? There was also no copyright preemption. City of Los Angeles, 697 F.3d

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Top Trademark Trends of 2022

Erik K Pelton

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2012: [link]. The firm has registered more than 4,000 U.S.

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Chanel reseller can't get summary judgment on whether it talked too much about Chanel

43(B)log

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Proximity of the products: A factfinder would have to decide the relevance of new v.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. This makes Colombians abroad get tricked.”

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

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9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

43(B)log

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. When Premier considered running its own study, its president wrote: “if poor—don’t publish.”

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