2020 Copying False Advertising 
43(B)log
OCTOBER 18, 2024
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.
43(B)log
DECEMBER 18, 2023
15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It
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Delaware Intellectual Property Litigation Blog
MAY 15, 2021
. § 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id. A copy of the Memorandum Opinion is attached.
43(B)log
DECEMBER 1, 2022
OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” But “[n]ot all commercial speech is promotional.” Prager Univ.
43(B)log
NOVEMBER 28, 2022
2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. However, they fail to show that Monster dirtied its hands to make the false advertising claims now alleged against Defendants.” Monster Energy Co. Vital Pharmaceuticals, Inc., 2022 WL 17218077, No.
43(B)log
MARCH 13, 2023
In March 2020 (I was going to say mid-March, but I recognize there’s a question about how long March 2020 actually was), he began marketing facemasks, including masks he described as “N95” and “Class N95.” Beginning in April 2020, customers began complaining about not receiving orders. Romero operated a drop-shipping business.
43(B)log
MARCH 10, 2023
24, 2023) Previous decision here —really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with a markup; anyone who bought from defendant would actually have defendant buy from Krikor and drop-shipped to the purchaser. Nor was the use of the photos fair use.
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