Remove Contracts Remove Copying Remove Definition Remove False Advertising
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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94
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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. Ether (USD 1+ million).

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“it appears difficult for a defendant, innocent or not, to defend himself in a claim for disgorgement of profits"

43(B)log

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Newborn Bros.

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(c), TM, and other claims from busted partnership to sell colored copper fixtures

43(B)log

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

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WIPIP 2022, Session 7 (internet law/antitrust)

43(B)log

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. We like copying!

Law 119
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"same" claim was literally false where probiotics had different strains and different profiles

43(B)log

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. These communications were more than “purely negotiation of individual contracts, but rather encompass a variety of media through which Brookfield represented information about HPP.” ExeGi Pharma, LLC v. 3d -, 2023 WL 3142311, No.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 137