Posts tagged with: "misleading+or+deceptive+conduct"
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12 May 2011, 7:53 am
Recently however, some members of the Federal Circuit have stated their belief that there exists a need for more stringent application of the deceptive intent standard. [read post]
17 May 2022, 9:02 am
Inclusion of the waiver language therefore constituted a deceptive practice that was likely to mislead consumers about their rights and potentially dissuade consumers from seeking available protections. [read post]
5 Sep 2013, 12:54 pm
Defendants argued that there was no evidence of actual deception. [read post]
8 Jan 2018, 8:11 am
” If the problems are deceptive advertising and consequent delays in abortion services. [read post]
30 Jan 2020, 12:54 pm
But U.S. political figures have published more deceptive images, too. [read post]
16 Nov 2013, 11:54 am
[…] Based on the evidence of record, the BPAI concluded that Comtesse’s testimony was insufficient to sustain the examiner’s rejection […]Id. at *6-8 (text added).Legal Standard Inequitable Conduct“[t]o prove inequitable conduct, the challenger must show by clear and convincing evidence that the patent applicant (1) misrepresented or omitted information material to patentability, and (2) did so with specific intent to mislead or deceive the… [read post]
4 Sep 2012, 12:39 am
There is no private cause of action, originating in a contractual dispute, based on the statute.Student note: To successfully assert a claim under General Business Law §§ 349 or 350, a party must allege that its adversary has engaged in consumer-oriented conduct that is materially misleading, and that the party suffered injury as a result of the allegedly deceptive act or practice.Case: Yellow Book Sales & Distrib. [read post]
30 Jun 2017, 4:10 am
Larson, 381 N.W.2d 176 (N.D. 1986), which upheld a preliminary injunction preventing a “pro-life” pregnancy clinic from engaging in “false and deceptive advertising and related activity [that] misleads persons into believing that abortions are conducted at the clinic with the intent of deceptively luring those persons to the clinic to unwittingly receive anti-abortion propaganda. [read post]
4 Nov 2016, 5:29 am
The court found a breach of a “duty of candour” (which most people would typically call deception or lying) and raises the possibility of a future contempt of court proceeding. [read post]
19 Sep 2016, 5:37 am
The CLRA bans “unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer,” and prohibits conduct “likely to mislead a reasonable consumer,” The UCL prohibits “unfair competition” defined as “any unlawful, unfair or fraudulent business act or practice and unfair,… [read post]
12 May 2010, 6:00 am
For example, the focus of section 52 of the Trade Practices Act is on the misleading of others, rather than upon injury to a competitor.In establishing a likelihood of misleading or deceptive conduct, something more is required than the possibility that instances of deception of confusion could be said to occur. [read post]
5 Nov 2012, 11:11 pm
” Judge Jagot also concluded that LGFS has also engaged in “misleading and deceptive conduct. [read post]
18 May 2008, 10:40 pm
This was consumer-oriented conduct, and Timberpeg's representations were adequately alleged to be false and misleading. [read post]
10 Feb 2009, 2:23 am
A federal district court recently denied defendant’s motion to dismiss in a putative class action under California's Unfair Competition Law alleging that defendant engaged in misleading conduct by advertising its “Healthy Choice” pasta sauce as “all natural” even though it includes some “high fructose corn syrup. [read post]
8 Apr 2016, 3:18 pm
The deception was also material, said the court.Vagueness. [read post]
11 Oct 2012, 3:48 pm
Gnosis’s conduct during its advertising campaign and litigation revealed its disdain for the law and the court. [read post]
19 Oct 2021, 6:15 am
What Falls Within Wrongful Conduct? [read post]
21 Dec 2019, 9:48 am
Here, as well, the status of intentionally deceptive conduct may well ultimately depend upon the specific circumstances. [read post]
10 Apr 2018, 2:06 pm
Those laws apply when business practices of non-U.S. companies constitute unfair or deceptive acts or practices that either involve material conduct in the United States or are likely to cause reasonably foreseeable injury within the U.S. [read post]
19 Jan 2022, 1:19 pm
The FTC’s complaint insists that D&B’s telemarketers made misleading claims to several new or unacquainted business customers by saying that a credit file could only be completed with the purchase of its credit-monitoring products. [read post]
