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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Atari’s Copyright Claim Against State Farm Survives Challenge

Copyright Lately

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment. Conversely, in Ringgold v.

Fair Use 102
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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

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New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits

TorrentFreak

These heavily edited copies of mainstream movies aim to summarize key plot lines via voice-over narration in about 10 minutes. Those present, including CODA director Takero Goto, highlighted that the three defendants committed criminal acts when they uploaded the movie edits and then profited from advertising revenue.

Editing 143
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After Being Sued By ACE, Nitro IPTV Now Faces a New DISH Network Lawsuit

TorrentFreak

The lawsuit alleged that Nitro TV offered subscription packages consisting of thousands of “live and title-curated television channels” available twenty-four hours a day, seven days a week, throughout the United States and abroad. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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Small business trademark protections are more critical than ever

Erik K Pelton

Television advertising. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more. Greater chance of being copied intentionally since the ® cannot be used. copied by someone else—is priceless.

Business 130
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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

The defendant was offering an internet protocol television (“IPTV”) service to business clients (e.g., network operators, hotels and stadiums). The IPTV service included TV programs created and broadcasted by the Claimant. Is "communication to the public" in Art. has sole control over the content and the blocking of TV broadcasts, b.