Remove 2023 Remove Copying Remove Fair Use Remove False Advertising
article thumbnail

copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

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
article thumbnail

Using dominant competitor's part names/numbers for comparison isn't false advertising, TM infringement, or (c) infringement

43(B)log

2023 WL 8697700, No. Structural connectors are used to join, and transfer the load between, different structural members, including vertical members like studs and posts, horizontal members like floor joists and roof trusses, and foundations. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D. California UCL: same. But it doesn’t matter.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

"TM-compliant" ads not shown to be nominative fair use

43(B)log

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 3d at 1177.

article thumbnail

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.

IP 124
article thumbnail

Drop-shipper's "in stock" and "trust us over others" claims not shown to be deceptive

43(B)log

Sports Mall, LLC, 2023 WL 2372068, No. 24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser.

article thumbnail

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

SpicyIP

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

article thumbnail

Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

2023 WL 3556053, No. May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Exotic Island Enters., 21-2149-cv, F.4th 4th - (2d Cir. 59 Murray Enters.,