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False advertising about a bankrupt competitor doesn't violate the automatic stay

43(B)log

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc., 2022 WL 5245633, No.

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Intellectual Property Rights for Social Media Influencers

IIPRD

A common issue among digital influencers is whether the content they generate is protected by intellectual property rights. Types of Intellectual Property Rights applicable to Digital Influencers. Why should digital influencers defend their intellectual property rights? Yes, the answer is yes!

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Alleging sponsorship/endorsement confusion can't defeat clear nominative fair use

43(B)log

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. Thus, this was merely opinion or puffery and not the type of statement “reasonably interpreted as a statement of objective fact” surrounding the intellectual property ownership.

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Advertising injury policy's IP exclusion means ROP claims aren't covered

43(B)log

The underlying lawsuit asserted misappropriation of images and likenesses for advertising purposes under state law; violation of the Virginia business conspiracy statute; and violations of the Lanham Act for false advertising and false association. The court concluded that the ROP is an intellectual property right.

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ABI Attachments, Inc. of Mishawaka Sues for Alleged Trademark Infringement

Indiana Intellectual Property Law

Under the Agreement , ABI allegedly acquired assets and intellectual property including the trademark “DRAGMASTER®,” U.S. 4,044,235 (the “Mark”), and “Product Lines” including “specifications, shop drawings, records, and intellectual property rights relating to the Product Lines.” Trademark Registration No. 1125(a).

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Illinois court finds insurance coverage for alleged trade dress infringement

43(B)log

It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement. The relevant policies provided liability coverage for personal and advertising injury.

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J&J Subsidiary Wins $18 Million Judgment Against Surgical Tool Counterfeiter

IP Watchdog

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.