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Tag Archives: Superiority
Simply the Best, Better Than all the Rest: Superiority Claims and Substantiation
Do you have the best wireless provider? If so, best in what sense—the best contract, the best devices, the best connectivity, the best value? That was the issue NAD recently addressed when it recommended that T-Mobile discontinue its “Best Unlimited … Continue reading
Posted in Advertising Law
Tagged Best, Better, claims, rest, Simply, substantiation, Superiority, than
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Joint Chiefs of Staff – Permanent global cyberspace superiority is not possible
Steven Aftergood – Secrecy News Blog: “Military planners should not anticipate that the United States will ever dominate cyberspace, the Joint Chiefs of Staff said in a new doctrinal publication. The kind of supremacy that might be achievable in other … Continue reading
Posted in Legal Marketing
Tagged chiefs', Cyberspace, Global, Joint, permanent, Possible, staff, Superiority
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"Tests Prove" Challenge Fails to Stop Competitor's Diaper Pail Superiority Claim
Denying Playtex's motion for preliminary injunction, a Los Angeles federal court decision illustrates the limits of attacking your adversary's product test methodology instead of also presenting your own product testing data in Lanham Act cases. In Munchkin, Inc. v. Playtex … Continue reading
Posted in Advertising Law
Tagged challenge, claim, Competitor's, Diaper, fails, Pail, Prove", Stop, Superiority
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Jingoism and braggadocio about proclaimed superiority of management in US law departments
It is often said in blog posts, articles and conferences that general counsel of US companies are managerially advanced compared to general counsel of the rest of the world. "Them's fightin' words," you could say! How someone could demonstrate such… … Continue reading
Posted in Corporate Law
Tagged about, braggadocio, departments, Jingoism, Management, proclaimed, Superiority
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Federal Court Holds That Voluntary Refund Programs Can Defeat Class Certification Under Rule 23(b)(3)'s Superiority Requirement
This post was written by James C. Martin and Colin E. Wrabley. Class action defense litigators should be aware of a recent federal district court decision that endorsed and accepted a creative option for defeating class certification-the defendant's implementation of … Continue reading
Posted in Administrative law
Tagged 23b3's, Certification, class, Court, defeat, Federal, holds, Programs, Refund, requirement, Rule, Superiority, under, Voluntary
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