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... and denied it in part. See Heartbrand Beef, Inc. v. Lobel's Of New York, LLC, et al., 2009 U.S. Dist. LEXIS 8822 ... whether the "defendant made a false or misleading statement of fact about its product or service." The court noted that Heartbrand does not identify any actual statement made by Yahoo. Instead ... law claim. [Query: How about lack of subject matter jurisdiction?] Apparently, much of the Yahoo's brief focused on "trademark infringement"; however, because "trademark infringement" was not one ...