Remove Contracts Remove Designs Remove False Advertising Remove Licensing
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Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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

43(B)log

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” 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.

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Statements in Insider article were plausibly commercial advertising or promotion

43(B)log

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. Insider Inc.

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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. The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. 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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The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

43(B)log

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Section 230. eBay case from 2008. Implications.

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Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

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