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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act false advertising claim survived. But see The Knit With v. Knitting Fever, Inc., App'x 27 (3d Cir.

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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.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

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Fraudulent concealment tolls statute of limitations (except where not allowed by statute)

43(B)log

But Nestlé pointed to no evidence that plaintiffs knew about the controversy before 2015, creating a genuine dispute about what they knew or should have known. So too for breach of contract claims: CUTPA provides that “[a]n action under [CUTPA] may not be brought more than three years after the occurrence of a violation.”

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adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

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Even in a small market, a few varied phone calls aren't commercial advertising or promotion

43(B)log

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

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"The usual California claims"

43(B)log

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). 2015) (cleaned up). Google, Inc.,

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A little more than kin and less than kind: KIND bar "All Natural" class action fails

43(B)log

In 2015, FDA issued a warning letter to Kind about its “healthy and tasty” claims, stating that the language was an “implied nutrient content claim” and that certain KIND products did not meet the FDA’s saturated fat content requirements necessary to describe food as “healthy.” It didn’t, so eventually the case was unpaused.