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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

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Pirate IPTV Astrologer Received Signals But Failed to Predict Copyright Lawsuit

TorrentFreak

“The Service is advertised on the flyer as a subscription-based service providing more than 10,000 live channels, sports programs, movies, and pay-per-view events, among other content, all for a low price ranging from approximately $10 to $15 per month,” the lawsuit claims.

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New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits

TorrentFreak

These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. Those present, including CODA director Takero Goto, highlighted that the three defendants committed criminal acts when they uploaded the movie edits and then profited from advertising revenue.

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After Being Sued By ACE, Nitro IPTV Now Faces a New DISH Network Lawsuit

TorrentFreak

The lawsuit alleged that Nitro TV offered subscription packages consisting of thousands of “live and title-curated television channels” available twenty-four hours a day, seven days a week, throughout the United States and abroad. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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LaLiga Targets Apple & Google Bosses For Failing to ‘Remote Delete’ IPTV App

TorrentFreak

The order is referenced multiple times on the LaLiga website but no copy has been posted for public consumption and, thus far, we’ve had no luck locating a copy. This relates to their alleged failures to prevent users of their app ecosystems from continuing to use downloaded copies of Newplay that still exist on their devices.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

The defendant was offering an internet protocol television (“IPTV”) service to business clients (e.g., network operators, hotels and stadiums). The IPTV service included TV programs created and broadcasted by the Claimant. Is "communication to the public" in Art. has sole control over the content and the blocking of TV broadcasts, b.