43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 8, 2021

Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder.

Ownership 98

Ownership Television Music False Advertising 98

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., It’s not enough to allege that a defendant provided false information about the copyright owner without the resulting inducement etc. Copyright ownership information is CMI. But surely the copyright ownership claims affected Apple ’s behavior. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

OCTOBER 26, 2021

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

FEBRUARY 16, 2023

Although Jones was within the zone of interests of the Lanham Act by virtue of his alleged ownership of an unregistered mark, he didn’t allege proximate cause. Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. 19-11461-PBS, 2022 WL 4630231, F.Supp.3d Previous discussion.) Chapter 93A).

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

JULY 20, 2022

Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, false advertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JULY 3, 2023

The court found that Industria’s argument for false advertising “falls on the wrong side of the line between a false association claim and a false advertising claim. I don’t quite get how it could show ownership of the trade dress in the US but not ownership of the word marks.)

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Route Consultant advises CSPs on “buying and selling FXG routes, ISP and TSP ownership and operations, and fleet strategy.” 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. But WPI’s allegations still went to contested ownership of the information contained in the Modigliani Material, rather than the Modigliani Material as a physical product.

False Advertising 59

False Advertising Artwork IP Advertising 59

The IPKat

JUNE 13, 2022

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

MARCH 21, 2024

Amazon argued that “buy” didn’t mean perpetual ownership, and that it sufficiently disclosed the risk of losing access. The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license. Buy” was also plausibly deceptive.

Licensing 114

Licensing Contracts Ownership Litigation 114

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IP Watchdog

MAY 18, 2022

In January 2022, StockX announced its plans to launch The Vault, which uses non-fungible tokens (NFTs) to allow buyers to track ownership of physical products resold on its e-market and warrant their authenticity, including Nike shoes.

Non-Fungible Tokens 120

Non-Fungible Tokens Trademark Ownership Marketing 120

BYU Copyright Blog

OCTOBER 11, 2021

The Court also denied Columbia's request to modify the case management plan that the Court had put in place to allow a third-party vendor to inventory case-relevant documents with disputed ownership between the parties.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

FEBRUARY 6, 2023

Here, there was a realistic likelihood of recurrence alleged given defendants’ “pattern of willful and deliberate behavior over the course of several years, as well as the continued ownership and control of Roomster by the two named individual Defendants who run the company,” despite their knowledge of the investigation.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

43(B)log

SEPTEMBER 15, 2021

I’m only going to discuss the false advertising aspects. There is an ongoing, separate litigation about ownership of the relevant patent; plaintiffs alleged that the two inventors assigned the patent to plaintiff Orthex.

Advertising 59

Advertising Advertising Social Media False Advertising 59

43(B)log

FEBRUARY 18, 2022

A: False advertising context: FTC/state AGs. But using yellow for a saccharin packet might be false advertising, b/c it would communicate the presence of sucralose rather than saccharin. Merger also deals w/ the merger of function and expression, but scenes a faire is different b/c it’s a refusal of any ownership.

Trademark 59

Trademark False Advertising Fair Use Branding 59

43(B)log

SEPTEMBER 17, 2021

Absent a legally enforceable right to a stream of future income, the plaintiff lacks an ownership interest in it and thus there is nothing to “restore.” . … Lost profits are damages, not restitution, and are unavailable in a private action under the UCL.”

Ownership 59

Ownership Marketing Marketing False Advertising 59

LexBlog IP

NOVEMBER 17, 2021

This exclusive right was infringed because the Defendants’ falsely advertised themselves as Kaira, in a presumed effort to increase their own butter sales in Canada, or to attract Kaira’s prospective employees, distributors and consumers. Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Benefits: nationwide right of priority, evidence of validity/exclusive ownership, right to police imports, incontestability after 5 years, symbolic benefits like ®. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

MARCH 23, 2023

Apple argued that it wasn’t misleading to say “buy,” because to “buy” something means to “acquire possession, ownership, or rights to the use or services of by payment especially of money.” 20, 2021), given that the claims arose under “completely different state laws.”

Licensing 72

Licensing Advertising Advertising Ownership 72

43(B)log

MARCH 4, 2022

The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. This could also be unfair competition under Maryland law. Tito & Tita argued plaintiffs never owned the Facebook page and have no right to it, but that was a novel question.

Social Media 72

Social Media Advertising Advertising Business 72

43(B)log

OCTOBER 24, 2023

Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity. This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited. This reasoning also disposed of contributory/vicarious infringement claims against Marshall and Harris. §43(a)

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

MARCH 31, 2023

Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. E waits decades until A is dead; and then E publishes it under a purported grant from A, there is scant reason to credit the necessary ingredient of A’s intent to convey copyright ownership.”

Ownership 59

Ownership Art Copyright Registering Trademarks 59

43(B)log

SEPTEMBER 7, 2021

Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

43(B)log

SEPTEMBER 11, 2023

Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. At the close of plaintiff’s evidence at trial, the court granted a directed verdict. Only an owner or a true assignee has statutory standing to bring a claim under § 32. Thus, the §32 claim failed as a matter of law.

Advertising 69

Advertising Advertising Marketing Marketing 69

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 3, 2023

Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. A single user can obfuscate its past identity from its present. Source concealment/distortion.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

IP 94

IP Trademark Advertising Advertising 94