43(B)log
APRIL 29, 2024
2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In In brief: Meishe argued that Tiktok copied its code via an employee who departed. Beijing Meishe Network Technology Co. Tiktok Inc., 23-cv-06012-SI (N.D. As stated in Luxul Technology Inc. Nectarlux, LLC, 78 F. 3d 1156 (N.D.
Technology & Marketing Law Blog
JUNE 8, 2024
Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”
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43(B)log
JULY 25, 2024
2024 WL 3480212, No. Copyright: Overjet’s copyright protected its source code, but there were no allegations of code copying. Instead, it alleged copying of its “coloring scheme, shades, and shape.” In 2024, Videa blogged that “[w]e suggest choosing an AI provider with the most FDA-cleared annotations.” Overjet, Inc.
Technology & Marketing Law Blog
JUNE 23, 2024
After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Consider an analogy: book publishers routinely give away free promotional copies of books to reviewers and others. 2024 WL 2883671 (N.D. June 6, 2024). The result is ugly.
43(B)log
MARCH 4, 2024
12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time.
43(B)log
APRIL 29, 2024
Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Thingiverse cube Kitchen Cube made and sold copies of the Cube. False advertising: Only ok against Kitchen Cube. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.
43(B)log
MARCH 6, 2024
2024 WL 898941, No. 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. Northwell Health, Inc., 23-CV-5032 (VEC) (S.D.N.Y.
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