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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Is it permissible to download and keep copies of movies and TV shows if you’ve paid for a legal subscription? Subscriber Agreements.

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Real Estate (Regulation and Development) Act 2016 with reference to Maharashtra

IP and Legal Filings

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. The following are the essential components of the Real Estate (Regulation and Development) Act, 2016: Establishing Real Estate Regulatory Authority and Appellate Tribunal. CONCLUSION.

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Global Advertising Lawyers Alliance (GALA) Webinar โ€“ โ€œHot Topics in Advertising Law in North Americaโ€

43(B)log

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in USโ€ can also work. Joseph Lewczak: FTC v. distribution of prizes if any.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. First, design elements that are โ€œphysically or conceptually separateโ€ from the article can be protected. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie.

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

43(B)log

But Industria does not advertise or sell its Zenรบ or Ranchera products in the United States and there are no market surveys specific to the United States for Zenรบ or Ranchera. In 2016, the Latinfood website contained the phrase โ€œWe have products fromโ€ followed by marks of imported brands, among which was an image of Industriaโ€™s Zenรบ mark.

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Fourth Circuit Issues a Bummer Fair Use Rulingโ€“Philpot v. IJR

Technology & Marketing Law Blog

In 2016, the defendant IJR published an article/listicle titled โ€œ15 Signs Your Daddy Was a Conservative.โ€ Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In Larry Philpot is a repeat copyright plaintiff. The Fourth Circuit reverses.