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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 falseadvertising claim survived. But see The Knit With v. Knitting Fever, Inc., App'x 27 (3d Cir.
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 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.”
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.
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.,
They are: the Unfair Competition Law (UCL); the FalseAdvertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in falseadvertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). 2015) (cleaned up). Google, Inc.,
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.
Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. asserting that CCDH’s reports were “baseless,” “false or misleading,” and not supported by proper research techniques. Are the reports advertisements?
Healthvana sued in May 2020 for trademark infringement, unfair competition, and falseadvertising in violation of both federal and state law, as well for cybersquatting under ACPA. Several hundred thousand bottles of hand sanitizer, however, had already been produced with the older, ‘Healthvana’ label. Telebrands won summary judgment.
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