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Amazon.com, 2021 WL 4819602, No. 15, 2021) Disagreeing with a case against Apple , the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost access to the content, rejecting the price premium theory for reasons that don’t make much sense to me.
City of Pasadena, 2021 WL 3553499, No. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks. Pasadena Tournament of Roses Ass’n v.
2021 WL 1549667, No. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Apple, Inc., 2:20-cv-01628-JAM-AC (E.D. Renting is less expensive; buying leads the content to appear in a consumer’s “Purchased” folder.
On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, falseadvertising, 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.
2021 WL 6049964, No. 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 falseadvertising analysis. FireBlok IP Holdings, LLC v.
The court says the PTO “granted” the application on June 14, 2021, but that’s the filing date—the ITU application was published for opposition in April 2022, allowed June 2022, and an extension of time to file a statement of use has been granted as of this writing. He failed to allege a “valid, protectable trademark.”
Wyndham Vacation Ownership, Inc. Sussman, 2021 WL 4948099, No. 20, 2021) In this timeshare exit falseadvertising litigation, the court excludes Wyndham’s expert. Wyndham claims that TET and Sussman falselyadvertised and induced timeshare owners to breach their contracts with Wyndham by ceasing payments.
Marchese, 2021 WL 3783259, No. 26, 2021) Always something new in trademark! Perhaps overreacting, Wakefern sued for trademark infringement and falseadvertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. Wakefern Food Corp.
2021 WL 4340824, No. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity--I'm not sure materiality is really the right characterization, but ok. Cases about falseadvertising of the source of “services” were inapposite. “[T]he Restellini v. Wildenstein Plattner Inst.,
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.
2021) The parties compete in the micro-irrigation industry, which targets agricultural growers. 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 falseadvertising. 562 F.Supp.3d
Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.
3d -, 2021 WL 2451109, A157657 (Ct. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of optical retailers, alleging UCL violations. Luxottica Retail North America, Inc.,
3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the falseadvertising aspects.
2021 WL 1549667 (E.D. 20, 2021), given that the claims arose under “completely different state laws.” 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.” Apple, Inc.,
AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Included within Kaira’s request for relief was an order transferring ownership and all rights in the infringing LinkedIn and social media accounts. Default judgment can be an effective way to stop online infringement.
Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity. Defendants admitted that they performed as Jade at a “90’s Kickback Concert” held in three different locations in 2021; they did not account to Reed for any profits.
slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. 17, 2021)), is another case about the breadth of §43(a). Marchese, 2021 WL 3783259, No.
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