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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

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.

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

43(B)log

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.

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TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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Trade Dress Protection: Laws and Its Relevance

IP and Legal Filings

This implies that the configuration and arrangement of shapes, designs, colors, materials that form the trade dress will not be protected if it serves a utilitarian purpose. The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition.

Law 52