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Absolute Software, Mobile Sonic can't shake Lanham Act claim over VPN testing results, statements

( October 28, 2024, 10:10 GMT | Official Statement) -- MLex Summary: The question of whether a “Competitive Brief” maintained by Absolute Software and Mobile Sonic — which touted the results of allegedly biased testing of mobile VPN products by Sectra Communications and Columbitech — constitutes false advertising under Section 1125(a) of the Lanham Act will be presented to jurors. In denying the defendants' summary judgment, US District Judge Ricardo S. Martinez rejected their position that “one-on-one” communications, either by email or in person, are insufficient dissemination to qualify as “advertising” within the meaning of the statute. See document below....

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