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- Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)
- Another digital “buy” button case survives motion to dismiss
- Supplement guide was plausibly an agent of supplement company; direct and secondary liability available
- “GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits
- Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023
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Tag Archives: TM/false advertising interface: “same formulation” statement w/o more infringes false advertising
TM/false advertising interface: “same formulation” statement w/o more infringes
De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful … Continue reading
Rebecca Tushnet 