Remove 2021 Remove Designs Remove False Advertising Remove Service Mark
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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. Some service/product confusion also going on here.] LStar Development Gp., 5:20-CV-184-FL (E.D.N.C.

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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. Summary judgment granted on state and federal false advertising claims. False designation of origin: Yep. Neo4j, Inc. 5:18-cv-07182-EJD (N.D. I still don’t know what that means, but ok.]

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.