Remove 2023 Remove Contracts Remove False Advertising Remove Licensing
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Another API (c) case with false advertising and contract claims too

43(B)log

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

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claims about legality of insurance service are falsifable

43(B)log

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. The breach of contract claim survived. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc.

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literal falsity of claim that website doesn't allow checkout in under a minute supports preliminary injunction

43(B)log

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law.

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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. USA, LLC v. Malwarebytes, Inc., 21-16466 (9th Cir. Enigma alleged that its software products “(i) detect and remove malicious software (i.e., USA, LLC v.

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Another digital "buy" button case survives motion to dismiss

43(B)log

Apple, Inc, 2023 WL 2585888, No. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital content. 21-CV-1133-LJV (W.D.N.Y.

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who has standing to challenge robot lawyers?

43(B)log

3:23-CV-863-NJR, 2023 WL 8108547 (S.D. 17, 2023) “This case pits real lawyers against a robot lawyer.” But DNP isn’t actually licensed to practice law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” MillerKing, LLC v. DoNotPay, Inc., It sought to represent a class of similar law firms.

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

SpicyIP

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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