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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

Dawgs’ (“Dawgs”) counterclaim for false advertising under the Lanham Act. In 2016, Dawgs added new asserted counterclaims against Crocs, including a claim for false advertising under the Lanham Act. Crocs largely prevailed in those actions. See Zenith Elecs. Exzec, Inc. , 3d 1340 (Fed.

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Examining the Circuit Split on Preliminary Injunctions in False Advertising Post-eBay

IP Watchdog

Among these ads and messages, some may be useful in building the public’s confidence and marketing effective products to consumers, but some may mislead and deceive desperate consumers into buying treatments and products without any scientific support.

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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 “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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

Technology & Marketing Law Blog

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

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plaintiff has standing to seek injunctive relief against allegedly falsely advertised penile implant

43(B)log

Also, in “other cases, the threat of future harm may be the consumer’s plausible allegations that she might purchase the product in the future, despite the fact it was once marred by false advertising or labeling, as she may reasonably, but incorrectly, assume the product was improved.”

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10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market

43(B)log

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. A presumption of injury began in the Second Circuit for comparative advertising. Heartwise, Inc.,

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False Claims of Patent Protection Can Be False Advertising Under Lanham Act

JD Supra Law

But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP