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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

It had a similar color scheme, page layout and website architecture, font type, and artwork and photographs to Boston Carriage’s. It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website. Boston Suburban registered the domain name “logan-car-service.com.”

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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The First Amendment has long coexisted with no-fault false advertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. A digital file (an artwork, a song, etc.), This is a U.S Ether (USD 1+ million).

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

The IPKat

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82
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(c), TM, and other claims from busted partnership to sell colored copper fixtures

43(B)log

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” This text contained “some creative elements that are plausibly entitled to protection, such that outright copying would be prohibited.” 1” therein. They did not do so here, so the court dismissed the trade dress claims.

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Ten things to know about NFTs

The IPKat

Successful NFTs that were lucrative for the seller include, for example, Kings of Leon who reportedly generated $2million from NFT sales of their album, which was minted alongside other benefits including artwork, a vinyl, and for six buyers even lifetime front-row seats to Kings of Leon headline gigs.