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competitor's copying of photos doesn't inherently inflict competitive harm

43(B)log

I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.

Copying 64
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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Prior import plans in 2010-11 were paused. The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. And the copying here could also lead to an inference of deception.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

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

Technology & Marketing Law Blog

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Any error on country-of-origin disclosures sets up the third-party sellers for false advertising claims. Per Malwarebytes , the online marketplace should qualify for Section 230 protection for the Lanham Act false advertising claims).

Trademark 137
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A Look Back at India’s Top IP Developments of 2023

SpicyIP

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. HULM Entertainment v. d) Other IP Developments 1. Meticulous Market Research Pvt.

IP 124
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WIPIP session 7: Design Law

43(B)log

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. A: will be talking to PTO historian; they ended up offering to refund fees to 2010 applicants if they’d abandon them, so may never find out what happened there. You can copy a Rembrandt and do a beautiful job but it’s not a Rembrandt.”

Designs 59