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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Role of Independent Director: In Era of Corporate Governance

IP and Legal Filings

Introduction Corporate governance generally refers to how organisations are directed, managed, controlled, and held responsible to its shareholders. India is a popular location for investments, thus in order to attract the largest investment ever, we need to strengthen the governance standards.

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Falsely advertising "ghost guns" as legal in NY is actionable

43(B)log

23, 2024) The AG sued sellers of โ€œunfinished frames and receiversโ€ โ€” also known as โ€œ80% lowersโ€ or โ€œreceiver blanksโ€ โ€”designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as โ€œlegalโ€ was protected by the First Amendment. Arm or Ally, LLC, 2024 WL 756474, No. It was not.

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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

Comparative advertising is an effective marketing technique, in which a companyโ€™s product or service is compared to its competitorโ€™s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Operations (โ€œConstellationโ€).

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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as โ€œBioprotect 500โ€ in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

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The California Age-Appropriate Design Code Act Enjoined

IP Tech Blog

On September 18, 2023, NetChoice, LLC โ€” a national trade association with members from the tech and social media industry โ€” obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (โ€œAADCโ€ or the โ€œActโ€).

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