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Remove Copyright Remove Designs Remove False Advertising Remove Service Mark
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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 64
False Advertising Advertising Advertising Licensing 64
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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim.

False Advertising 59
False Advertising Advertising Advertising Contracts 59
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