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“Because the purpose of the covers is to prevent animals from coming into contact with energized cutouts, Eco asserts that portraying Eco’s cutout covers as having a loose fit falsely suggested to PG&E that Eco’s products were not effective.” (3) There was also a triable issue on whether the videos constituted falseadvertising.
PNC sued for counterfeiting, infringement, and falseadvertising/unfair competition under federal and Pennsylvania law. A consumer complaint cited by PNC might be relevant to falseadvertising, but didn’t obviously show trademark confusion: Venmo says they have lost connection with my bank – sounds like Venmo’s problem.
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