SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. Image by starline on Freepik.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

A copy of the Memorandum Opinion is attached. The Court noted that, “[a]s technology evolves, there may come a time when artificial intelligence reaches a level of sophistication such that it might satisfy accepted meanings of inventorship. at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

Copyright Lately

MARCH 31, 2024

To make matters worse, State Farm’s resident do-gooder “Jake” lands a Fonzie-style smack on the Crystal Castles machine to get it working—”suggesting falsely and disparagingly to consumers that Atari’s cabinets are low-quality, faulty, and/or unreliable.” The Gap, Inc. The Gap, Inc. :

Copyright 79

Copyright Fair Use Social Media Artwork 79

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.

Artwork 82

Artwork Contracts False Advertising Art 82

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. But buying a limited-time license to stream a digital copy of Yesterday was neither a tangible good nor a service under the CLRA. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie.

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein. They did not do so here, so the court dismissed the trade dress claims.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

JUNE 13, 2022

But, of course, they are not intellectual property… Don't worry, I'm exhausted too. Image: Riana Harvey An NFT does not give any intellectual property rights in the collectable to the purchaser; in the same way that a purchaser of a vinyl owns the tangible property, but does not have any rights to the song.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

A copy of the Memorandum Order is attached. The Court also found that there was no genuine dispute of material fact that the instances of Defendants’ alleged infringing activities occurred within the six-year limitations period preceding the filing of the lawsuit by Plaintiff.

Trademark 66

Trademark Copying Law False Advertising 66

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act. A copy of the Memorandum Opinion is attached.

Advertising 56

Advertising Advertising Copying Technology 56

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

A copy of the Memorandum Order is attached. With respect to disgorgement damages, the motion was denied after recognizing there exists genuine issues of material fact on several of the factors the Third Circuit instructs in Banjo Buddies, Inc. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 66

Trademark Advertising Advertising Copying 66

LexBlog IP

NOVEMBER 17, 2021

Second, the Defendant was misrepresenting itself and creating confusion: they were using exact copies of Kaira’s marks and copyrighted works. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

IP and Legal Filings

SEPTEMBER 21, 2021

Section 43(a) of the Lanham Act specifically deals with the statutory remedies that are available for false advertising. According to this statute, if an infringer illegally copies a particular trade dress, the owner of the trade dress can take legal actions against the infringer.

Law 52

Law Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. These sessions, held via WebEx from 4:30 PM to 5:30 PM, address intellectual property grievances and suggestions.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45