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ex-employees with new company trigger false advertising dispute (and submarine patent invalidity argument)
9 Sep 2019, 9:11 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
No evidence of harm means no disgorgement in false advertising case
11 Apr 2017, 10:47 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Lost sales as irreparable harm
1 May 2017, 8:27 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
NY statutory law covers B2B false advertising, but common law unfair competition doesn't
3 Jul 2014, 1:46 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Lexmark allows false advertising claim against law firm for soliciting timeshare clients
12 Feb 2018, 4:56 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Another pandemic university fees claim fails
8 Nov 2021, 10:02 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Disparagement as TM infringement? One court thinks, sure
1 Nov 2022, 8:22 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
reasonable consumers aren't required to know collagen can't be vegan
8 Mar 2024, 8:55 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Showing good-looking cuts of meat is puffery for pet food
7 May 2018, 5:54 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
misrepresentation of origin was not material and thus not false advertising
8 Jun 2020, 9:41 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
court enjoins company's claim to be another company's founder
2 Jul 2014, 6:27 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
It wasn't malpractice to argue unauthorized use of name was false association, not false advertising
14 Mar 2019, 12:07 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
call for submissions: Harvard/Stanford/Yale Junior Faculty Forum, June 3-4, 2024
18 Jan 2024, 7:38 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Court fixes mistake: Rogers applies to nonfiction titles
9 Dec 2019, 11:08 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"Kids" in product name represents that product is safe for children to use
18 Feb 2020, 10:18 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"original" and "first" are mere puffery
18 Jun 2014, 12:41 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
statements about patent license status can violate Lanham Act's false advertising provisions
9 Apr 2019, 1:55 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"prevailing price" consumer protection rule isn't unconstitutionally vague
26 Dec 2017, 12:55 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Don't try to make a Lanham Act case out of a copyright case
13 Apr 2017, 11:39 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Revisiting the Silvertop banana costume case
23 Sep 2024, 11:39 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/