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no disgorgement under state law when false advertising wasn't shown to result in sales

43(B)log

A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products. The court granted an injunction focusing on the Alcoy claims, which were false.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. lululemon is the well-known yoga gear company.

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Ten things to know about NFTs

The IPKat

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

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Models' false endorsement claims fail for want of recognition, bad survey

43(B)log

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 3d 233 (2d Cir.

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SpicyIP Weekly Review (April 10- April 16)

SpicyIP

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

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Look Back, Look Ahead: State Attorneys General Enforcement – Part One

LexBlog IP

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. This remains true in the wake of variants such as delta and omicron, which caused successive waves of canceled and rescheduled events and thwarted and postponed travel plans.