Remove 2022 Remove Contracts Remove False Advertising Remove Ownership
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crypto lender plausibly violated UCL via unlawfulness and deceptiveness

43(B)log

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., Clients retain 100% ownership of their digital assets.

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failure to properly allege falsity dooms FedEx at 6th Circuit

43(B)log

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” La Dolfina S.A.,

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literal falsity of claim that website doesn't allow checkout in under a minute supports preliminary injunction

43(B)log

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

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selling allegedly stolen/converted merchandise isn't reverse passing off

43(B)log

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

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timeshare exit ads could proximately cause harm even w/o telling people to stop paying

43(B)log

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.