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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

The LoanStreet court didn’t even go that far with the “educational leaflet service” trick; it simply said that gripers ads that could damage a business’ reputation constitute a use in commerce, even when there’s zero commercial activity. The post Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

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Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules

43(B)log

20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. The global class action settlement created a $10.5 million common fund, and the parties jointly moved the court to approve.

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Lexmark allows direct and contributory false advertising claims against certifier

43(B)log

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” Google didn’t attest to anything about the locksmiths; it was like a building that rents space to business owners.

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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The First Amendment has long coexisted with no-fault false advertising laws. citing both UCL and Lanham Act claims, including false advertising claims.] “The Sony Music Entertainment, P.3d

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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"unfair trade practices" insurance exclusion covers antitrust, not consumer protection

43(B)log

12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del. The insurers refused Godiva’s demand to cover the claim.

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More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

Technology & Marketing Law Blog

May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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