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comparative advertising isn't confusing

43(B)log

Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Even if the marks were famous, the comparative advertising and parody exclusions applied. [W]hen Windmar PV Energy, Inc. 24-1570 (RAM) (D.P.R.

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Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

JD Supra Law

Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Dsseldorf Local Division (January 14, 2025) ORD_63219/2024. Ortovox Sportartikel GmbH v. Anyone developing or marketing an innovative product will want to ensure that they do not infringe existing intellectual property rights.

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ambiguity over who was first African-American bourbon distiller in Kentucky dooms false advertising claim

43(B)log

Fresh Bourbon, LLC, 2025 WL 366626, No. 31, 2025) After dealing with a motion to dismiss , the court now grants summary judgment in this case brought by one African American-owned bourbon seller against another. Victory Global, LLC v. 5:21-62-KKC (E.D. Apparently Master Distiller has no set definition.

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game spat expands beyond false advertising to TM and (c)

43(B)log

2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Here, Skillz allegedly made the challenged claims in video advertisements and on another page of its website, not on the same page. Skillz Platform Inc.

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Retromark 2025: Event Report (Part 1 - the write-up)

The IPKat

Alessandros Katpost on Lidl v Tesco here] The relevance of comparative advertising law has increased. As in Lidl v Tesco , the implied pricing message of the disputed sign had been important, and claimants may need to expressly plead the same in order to get appropriate disclosure.

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honey producers have statutory standing to challenge Bayer's claims to direct purchasers that herbicides were safe

43(B)log

1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. 25, 2025) Coys s a beekeeping and honey-producing operation. The court allows Lanham Act false advertising claims (and others) to proceed. Coys Honey Farm, Inc. Bayer Corp., 1:18-md-02820-SNLJ, No. This allegedly resulted in reduced honey production and loss of bees.

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[Guest post] Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing

The IPKat

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.