Remove Contracts Remove Copying Remove Designs Remove False Advertising
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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94
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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

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

43(B)log

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. “The There’s no written agreement” will do it.] 1” therein.

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9th Circuit courts are very committed to letting juries hear testimony about surveys

43(B)log

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.

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Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

43(B)log

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Thingiverse cube Kitchen Cube made and sold copies of the Cube. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.”

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Dastar doesn't bar allegedly false advertising about source of planned development services

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Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

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"same" claim was literally false where probiotics had different strains and different profiles

43(B)log

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Its label doesn’t list the exact quantity of each bacteria species or strain designation, noting instead that its blend of bacteria is proprietary. ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, F.Supp.3d 20-CV-192-JPS (E.D.