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False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

43(B)log

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., 1, 2017 to Apr.

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court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs

43(B)log

StockX LLC, 2024 WL 3361411, No. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y. This opinion deals with various Daubert motions, allowing at least some of the testimony of eight challenged experts in.

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YouTube Isn’t Liable for User Uploads of Animal Abuse Videos–Lady Freethinker v. YouTube

Technology & Marketing Law Blog

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). Google LLC , 2024 WL 2809371 (Cal. It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

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

43(B)log

2024 WL 1285631, C.A. 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. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D.

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D's consumer survey defeats class action about relevance of geographic origin of water for brewing beer

43(B)log

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

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bad influence: claims against vodka producer proceed, including failure to disclose endorser payments

43(B)log

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. 22 C 6083 (N.D.