Technology & Marketing Law Blog

DECEMBER 10, 2023

The court simply responds: “the Ninth Circuit has held that Section 230 immunity applies to false advertising claims and other claims that are based on purportedly false representations.” Section 230 more clearly applies to third-party ad copy than to the resulting sales. See, e.g., the cited Ynfante v.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. Hall, 2023 WL 8103156, No. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters.

Copying 59

Copying False Advertising Designs Design 59

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.” Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

False Advertising 59

False Advertising Advertising Advertising Designs 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 124

IP Copyright Trademark Intellectual Property 124

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. Spiralverse removed the original paperback glue bindings from the copies it purchased, punched holes in the pages, and installed spiral bindings. Spiralverse listed its modified copies for sale on Amazon at prices of $29.99 Was this literally false? Steeplechase Arts & Productions, L.L.C.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75