IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. sued StockX LLC for trademark infringement, false designation of origin, trademark dilution, and related causes. NFTs are unique digital assets that are digital representations of ownership of real-world items. These issues are novel in their involving the metaverse. The Nike Suit.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” La Dolfina S.A.,

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

JULY 20, 2022

Stubenrauch, 2022 WL 2793579, No. 15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JULY 15, 2024

NFT background: In early 2022, StockX introduced Vault NFTs, which featured Nike’s trademarks and provided the holder ownership of an associated physical item. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.”

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

MARCH 31, 2023

“Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” In 2022, a distant relative was appointed as administrator of the Estate, which then sued.

Ownership 59

Ownership Art Copyright Registering Trademarks 59