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On Jan. 2, Apple found itself on the wrong side of a ruling by a federal court in Oakland, Calif., that should serve as a cautionary tale to Lanham Act plaintiffs contemplating exactly what counts to include in a forthcoming complaint. The ruling confirmed that what might previously have been a knee-jerk decision to tack a false advertising count on to a standard trademark infringement complaint should be approached with caution, and the count added only if truly warranted under the circumstances.

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