43(B)log

JANUARY 17, 2023

Nonetheless, Vubiquity allegedly uploaded the series to iTunes for sale and download. This allegedly involved false copyright and release date information, as well as “drastically low bargain-rate prices” and failure to distinguish between HD and SD versions. False advertising: Sybersound Recs., 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

43(B)log

SEPTEMBER 8, 2021

Apple also argued that, because a user could download purchased content for full and irrevocable access, the “Buy” and “Purchased” language was accurate. “It seems plausible, at least at the motion to dismiss stage, that reasonable consumers would expect their access couldn’t be revoked.”

Ownership 98

Ownership Television Music False Advertising 98

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. These digital files are freely downloadable by everyone (there is no DRM protection in NFTs).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

MARCH 23, 2023

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.” The parties disputed whether Apple’s terms and conditions were equivalent to front-of-package clarifications, which was a factual issue.

Licensing 72

Licensing Advertising Advertising Ownership 72

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 112

IP Copyright Trademark Intellectual Property 112

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94