False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"
43(B)log
FEBRUARY 16, 2024
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. This isn’t a false statement of origin (but what about character or qualities?)
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