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Another API (c) case with false advertising and contract claims too

43(B)log

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. What about Dastar ?

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Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

Abundance had a license from Mrs. Patricia Dampier to use the mark MRS. COLORADO for its beauty pageant, but that license was terminated in 2015. In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008. 92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K.

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Dastar bars false marking claims brought under Lanham Act (dubitante)

43(B)log

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend. 3d 1137 (9th Cir.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes.

Trademark 252
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Hey Bulldog!

BYU Copyright Blog

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. Bel-Mac allegedly uses its Bulldog logo on apparel, cups, and other products as well as advertisements such as billboards and its website.

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Competitor has standing to bring false association claims for false association w/3d party

43(B)log

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

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1202 and Lanham Act claims can't save lawsuit against embedding photos

43(B)log

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. Sybersound Recs., 3d 1137 (9th Cir.