43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

MARCH 10, 2023

14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 2023 WL 2372059, No. 3d at 1177.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

AUGUST 26, 2022

24, 2022) This seems like a silly result to me, shifting the burden to comparative advertisers, but it's often much harder to get summary judgment in a trademark case than in comparable cases. And Peninsula cited a prior trademark prosecution by PennEngineering for admissions that the product design is functional.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP and Legal Filings

APRIL 28, 2022

Tiffany filed the present application against Costco two months after it stopped using the “Tiffany” mark in the District Court for the Southern District of New York, alleging trademark infringement, counterfeiting false advertising among other things. It rejected Tiffany’s claim of trademark counterfeiting.

Fair Use 52

Fair Use False Advertising Trademark Branding 52

SpicyIP

OCTOBER 27, 2023

Challenges Under IP Law Dark patterns are deceptive or manipulative design elements or techniques used in user interfaces to trick users into taking actions they may not want to take. This can lead to trademark infringement, as it involves using another entity’s intellectual property to deceive users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49