article thumbnail

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

43(B)log

False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” However, Dastar precluded any claim based upon defendants’ alleged plagiarism of plaintiff’s texts and pictures.

article thumbnail

IPSC Opening Plenary Session

43(B)log

Non expressive uses: reverse engineering, anti-plagiarism, search plus text data mining, snippets. Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). 57% say sellers could be liable for false etc.