Monthly Archives: June 2023

Target of TM takedown notices has Lanham Act standing to challenge automated notice provider’s ads claiming accuracy

Posted on June 19, 2023 by rtushnet

Unlimited Cellular, INC. v. Red Points Solutions SL, 2023 WL 4029824, No. 21-cv-10638 (NSR) (S.D.N.Y. Jun. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal … Continue reading →

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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

Posted on June 6, 2023 by rtushnet

 Enigma Software Grp. USA, LLC v. Malwarebytes, Inc., No. 21-16466 (9th Cir. Jun. 2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. … Continue reading →

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