43(B)log

OCTOBER 18, 2024

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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS. Roblox Corp.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MARCH 28, 2024

Defendants counterclaimed for payment and damages for breach of contract and bad faith. Under Rhode Island law, policy exclusions must be unambiguous, and ‘contract provisions subject to more than one interpretation are construed strictly against the insurer.’” 2023); but see Princeton Express v. Houston, Inc., 4th 274 (5th Cir.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Quoting “various social media personalities who complained about the size and quality of Defendants’ products” didn’t change this result. “[W]hile Also, ads can't support a breach of contract claim. Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

Marketing 59

Marketing Marketing False Advertising Advertising 59

SpicyIP

DECEMBER 30, 2023

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.

IP 109

IP Copyright Trademark Intellectual Property 109