article thumbnail

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

article thumbnail

Tiktok's other, smaller legal problem

43(B)log

23, 2024) Skipping the copyright and trade secrets part of the case. (In 2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.” Beijing Meishe Network Technology Co. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. As stated in Luxul Technology Inc. Nectarlux, LLC, 78 F.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Dastar prevents misrepresentation of source of IP from being material

43(B)log

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

article thumbnail

Top Trademark Trends of 2022

Erik K Pelton

The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2015: [link].

Trademark 130
article thumbnail

adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019.