43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” And Jazwares, Roblox’s licensee, lacked standing for copyright claims, but did have Lanham Act standing because that doesn’t require copyright or trademark ownership. Roblox Corp.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike, Inc. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Many of the physical items were Nike sneakers.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

FEBRUARY 6, 2023

3d -, 2023 WL 1438718, No. 1, 2023) The FTC, joined by California, Colorado, Florida, Illinois, Massachusetts, and New York, sued Roomster, an internet-based room and roommate finder platform, and related individuals. NY’s laws are territorial, prohibiting deceptive acts or false advertising conduct “in this state.”

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

43(B)log

OCTOBER 24, 2023

Marshall, 2023 WL 6963661, No. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. This is why co-ownership is disfavored in trademark—but co-ownership is not prohibited. H-21-3942 (S.D.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

MARCH 31, 2023

Lerner, 2023 WL 2664341, No. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners. Estate of Henry Joseph Darger v. 22 C 03911 (N.D.

Ownership 59

Ownership Art Copyright Registering Trademarks 59

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 112

IP Copyright Trademark Intellectual Property 112