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Another "buy" button lawsuit over digital licenses continues

43(B)log

In re Amazon Prime Video Litig., Amazon argued that “buy” didn’t mean perpetual ownership, and that it sufficiently disclosed the risk of losing access. Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.”

Licensing 114
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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

43(B)log

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.”

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competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority.”

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124