43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. Diamond Resorts U.S. Collection Development, LLC v. 9:18-CV-80311-REINHART (S.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 31, 2022

2022 WL 14813836, No. 25, 2022) Logan alleged that Facebook’s embedding tool enables third parties to infringe his copyrighted photos uploaded onto his Facebook account by embedding them to third-party websites and allowing embedding on Facebook from other websites, creating both direct and secondary liability. Meta Platforms, Inc.,

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Route Consultant advises CSPs on “buying and selling FXG routes, ISP and TSP ownership and operations, and fleet strategy.” 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

JANUARY 17, 2023

2022 WL 18278580, No. 22, 2022) Interesting Dastar case thrown up by Westlaw. False advertising: Sybersound Recs., It’s not enough to allege that a defendant provided false information about the copyright owner without the resulting inducement etc. Copyright ownership information is CMI. Livn Worldwide Ltd.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Coca-Cola Company, 38 F.4th

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

MARCH 31, 2023

“Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” In 2022, a distant relative was appointed as administrator of the Estate, which then sued.

Ownership 59

Ownership Art Copyright Registering Trademarks 59

The IPKat

JUNE 13, 2022

The case was brought by Lavinia Deborah Osbourne (founder of Women in Blockchain Talks) against Ozone Networks (trading as OpenSea) in January 2022, after two NFT artworks that she had purchased from the Boss Beauties collection were taken from her digital wallet without her consent.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. But using yellow for a saccharin packet might be false advertising, b/c it would communicate the presence of sucralose rather than saccharin. Merger also deals w/ the merger of function and expression, but scenes a faire is different b/c it’s a refusal of any ownership.

Trademark 59

Trademark False Advertising Fair Use Branding 59

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes. Nike, Inc. StockX LLC, 1:22-cv-00983-VEC.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Ownership Marketing 122

The IPKat

JUNE 27, 2022

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

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The Facebook page was an “online advertising and promotional platform,” not a digital document.

Social Media 72

Social Media Advertising Advertising Business 72

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124