43(B)log

AUGUST 25, 2022

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.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

OCTOBER 12, 2022

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.,

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

APRIL 29, 2022

2:21-cv-830-SPC-MRM, 2022 WL 1187136 (M.D. 21, 2022) “Nearly twenty years ago, Plaintiff Dr. Andrew Hawrych, a plastic surgeon, and Defendant Peter Von Berg, a businessman operating a cosmetics and skin care company, formed an oral agreement to develop new cosmetic products.” Thus, the false advertising claim would be dismissed.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

43(B)log

OCTOBER 31, 2022

2022 WL 14813836, No. 25, 2022) Logan alleged that Facebook’s embedding tool enables third parties to infringe his copyrighted photos uploaded onto his Facebook account by embedding them to third-party websites and allowing embedding on Facebook from other websites, creating both direct and secondary liability. Meta Platforms, Inc.,

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 10, 2023

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. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

JANUARY 17, 2023

2022 WL 18278580, No. 22, 2022) Interesting Dastar case thrown up by Westlaw. False advertising: Sybersound Recs., It’s not enough to allege that a defendant provided false information about the copyright owner without the resulting inducement etc. Copyright ownership information is CMI. Livn Worldwide Ltd.

False Advertising 59

False Advertising Ownership Copyright Copying 59

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140