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 Yuga Labs, therefore, still owns the copyright in each NFT. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

May 28, 2021), the Court granted in part and denied in part Peleton’s Partial Motion to Dismiss ICON’s First Amended Counterclaims. A copy of the Memorandum Opinion is attached. ICON Health & Fitness, Inc. Civil Action No. 20-662-RGA (D.Del.

Advertising 56

Advertising Advertising Copying Technology 56

43(B)log

SEPTEMBER 27, 2021

Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 16, 2021) Gordon v. However, Miller alleged that the generic avatar was an “exact copy” of him, and easily identifiable as him. False endorsement: Rogers applies; realism is artistically relevant. “[T]here False advertising: Miller failed to plead statutory standing.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. Exotic Island Enterprises, Inc., The court was guided by Electra v.

Social Media 59

Social Media False Advertising Advertising Advertising 59

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. This was unambiguous and literally false, and likely material given its centrality. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. What about injury? “[H]ere

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

September 24, 2021), the Court (1) denied Plaintiff Apex Clearing Corporation’s motion to exclude the expert testimony of defendants’ experts Mumford and Distler; (2) denied Plaintiff Axos Bank’s motion for summary judgment on four counts of trademark infringement; (3) denied defendants/counter-plaintiffs Axos Financial, Inc. Civil Action No.

Trademark 66

Trademark Advertising Advertising Copying 66

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

September 2, 2021), is such a decision. A copy of the Memorandum Opinion is attached. The recent decision rendered by The Honorable Leonie M. Brinkema, of the United States District Court for the Eastern District of Virginia, in Thaler v. Hirshfeld et al. Civil Action No. 1:20-cv-903-LMB (E.D.Va. at *17-18.

Inventor 91

Inventor Patent Intellectual Property Patent Law 91

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Default judgment can be an effective way to stop online infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

Delaware Intellectual Property Litigation Blog

NOVEMBER 7, 2021

November 5, 2021), the Court granted the motion for partial summary judgment of Plaintiff Emerson Radio Corp. A copy of the Memorandum Order is attached. By Memorandum Order entered by the Honorable Leonard P. Stark in Emerson Radio Corp. Emerson Quiet Kool Co. Civil Action No. 20-1652-LPS (D.Del.

Trademark 66

Trademark Copying Law False Advertising 66

43(B)log

AUGUST 26, 2021

2021 WL 1253803, No. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. Simpson Strong-Tie Company Inc. 20-cv-06957-VKD (N.D.

Designs 64

Designs Design Copying Copyright Infringement 64

43(B)log

SEPTEMBER 21, 2021

2021 NY Slip Op 03485, N.E.3d 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 3d - 37 N.Y.3d

Editing 45

Editing Contracts Copying Law 45

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

SEPTEMBER 30, 2021

2021 WL 1383368, No. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

AUGUST 18, 2021

2021 WL 1176242, No. 29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. 11-5052-JLV (D.S.D.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Yes, it’s 2021. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. So yes, here we are in 2021, fighting over whether keyword metatags could be both trademark infringement and counterfeiting. Luxy Limited , 2021 WL 4134839 (C.D. July 13, 2021). Check your calendar.

Advertising 101

Advertising Advertising Trademark Settlement 101

43(B)log

SEPTEMBER 28, 2021

2021 WL 4134839, No. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Perhaps unsurprisingly, the court doesn’t even discuss the differences between false advertising and trademark, grouping it all into §1125(a).

False Advertising 72

False Advertising Privacy Advertising Advertising 72

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

The TTABlog

MAY 8, 2023

2061 (2021) (holding that the test in Lexmark is met by demonstrating a real interest in opposing or cancelling a registration of a mark, which satisfies the zone of interests requirement, and a reasonable belief in damage by the registration of a mark, which demonstrates damage proximately caused by registration of the mark). 2020), cert.

Registration 40

Registration False Advertising Trademark Business 40