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Monster wins permanent injunction against VPX in false advertising case

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2023 WL 2918724, No. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Vital Pharmaceuticals, Inc., EDCV 18-1882 JGB (SHKx) (C.D. So too with lost market share.

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Advertising injury policy's IP exclusion means ROP claims aren't covered

43(B)log

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covered personal/advertising injury included d. The use of another’s advertising idea in your “advertisement”; or g.

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sending emails under former employees' names may be reverse passing off

43(B)log

CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. The false association/coordinate state law claims survived. LoanDepot.com, LLC v. 22-cv-5971 (AS) (S.D.N.Y. Ankura Consulting Grp.,

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

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2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS. Roblox Corp.

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claims about legality of insurance service are falsifable

43(B)log

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. The breach of contract claim survived. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc.

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no duty to defend despite allegations of label copying; but insurers can't recoup defense costs already spent

43(B)log

4th -, 2023 WL 4504183, No. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts.

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

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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. 2023); but see Princeton Express v.