False Advertising Under the Lanham Act
Literally False Advertising Under the Lanham Act
... The other source is PPX Enterprises, Inc. v. Audiofidelity Enterprises, Inc., 818 F.2d 266 (2d Cir. 1987). This case is cited by, among other decisions, Edmark Industries, Energy Four, and ALPO, noted above. PPX held fi- ...
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Lanham Act False Advertising Claims: What Is a Plaintiff to Do? Vincent N. Palladino
... literally false statements, as opposed to those that are merely ...not false), which would satisfy the first element, the second element would remain unsatisfied at this stage, and a preliminary injunction ...
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Doctor sued Lasik patient for gripe site on Lanham Act false advertising grounds.
... Hair restoration doctor sued website griper for trademark infringement and cybersquatting. Court dismissed the federal trademark infringement case but remanded the state trademark and[r] ...
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False advertising under the
... that advertising or promotion excludes noncommercial speech that is entitled to a higher degree of protection under the First ...the Lanham Act not be used to impinge free ...that ...
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Looking at the Lanham Act: Images in Trademark and Advertising Law
... comparative advertising, 142 it would seem to offend the First Amendment to allow truthful, nondeceptive commercial speech to be suppressed simply because it was likely to generate a negative emotional reaction in ...
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Claims for Injunctive Relief Under the Lanham Act
... torts, false advertising, unfair business practices, fiduciary duty disputes, product liability, construction litigation, and intellectual property ...
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Ftc False Advertising Complaint
... to false complaint also use the us a fund me if words purporting to ...comparative advertising claims made available in the case? Start my advertising complaint also proposes to register the claim ...
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False Advertising Canada Examples
... by advertising, offences are selling or limitations can provide is not discovered or misleading will often has issued guidelines that of ...misleading advertising canada and consumer a contract or ...
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Courting Foreigners under Section 43(a) of the Lanham Act
... In contrast to this seemingly boundless authority of the state courts to entertain legal actions,' 6 the federal courts are of limited subject matter jurisdiction and [r] ...
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Dilution Under Section 43(c) of The Lanham Act
... On the other hand, the statute does not state expressly that national relief is unavailable to a regionally famous mark. If the fame requirement is interpreted as [r] ...
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False Advertising
... are false with positive probability. Under a dierent mechanism, Piccolo et al (2015) demonstrate that false advertising can maximize buyer surplus in a duopoly where the rms have dierent ...
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Collecting Attorneys' Fees Under the Lanham Act: The Shifting Definition of an "Exceptional Case"
... answering Lanham Act complaints with specious or impassioned Answers and Counterclaims, even when proud clients demand they do ...in Lanham Act ...
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Monetary Damages under the Lanham Act: Eighth Circuit Holds Actual Confusion is Not a Prerequisite
... The Eighth Circuit has articulated its position on at least two occa- sions. In Co-Rect Products, Inc. Marvy! Advertising Photography, Inc., the court stated that "[a] [r] ...
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The Past, Present, and Future of “Materiality” Under the False Claims Act
... If a violation of a condition of participation is not, as a matter of law, at least capable of influencing the decision by the government to pay a Medicare claim, what is? If lying on a grant application is not capable ...
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False advertising in a crowdfunding market
... false advertising to mislead buyers in a pooling ...of false advertising in a monopoly where the firm has the low or high ...where false claims may occur with a ...conditions ...
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Advertising guidelines for products registered under the ACVM Act
... COMPARATIVE ADVERTISING Comparisons with other registered products are permitted, provided that what is being advertised is consistent with label claims of all registered products in the ...comparative ...
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The False Claims Act
... whether under a contract or otherwise, for money or property which is made to a contractor, grantee, or other recipient” if any portion of it will be pro- vided or reimbursed by the United ...the false ...
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Recent Developments Under the Federal False Claims Act. April 29, 2012
... Each false claim submitted is subject to a mandatory penalty of $5,500 and $11,000 per ...the False Claims Act in 1986 strengthened the rights of relators, and increased the bounties that may be ...
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Recent Enforcement Action and Whistleblower Activity Under the Federal False Claims Act.
... • January 2010 criminal and civil settlement involving allegations of failure to provide adequate care to Medicare and Medicaid residents. • Over $1.6 million paid to resolve civil and c[r] ...
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False Claims Act CMP212
... action under the FCA or committing other lawful acts, such as investigating a false claim or providing testimony for, or assistance in, a FCA ...action under the FCA shall be entitled to all relief ...
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