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Apple's "buy" button that doesn't result in ownership may mislead consumers

43(B)log

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.”

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Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?

SpicyIP

A list of trademarks applied for in the EU for ‘ downloadable virtual goods’ and ‘online virtual services’ was recently published by The IPKat here. Image from here. World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. Dec 21, 2021.

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False CMI isn't plausibly related to consumers' decisions to buy/watch TV show

43(B)log

Nonetheless, Vubiquity allegedly uploaded the series to iTunes for sale and download. False advertising: Sybersound Recs., Copyright ownership information is CMI. This seems absolutely correct as to purchasers/downloaders. But surely the copyright ownership claims affected Apple ’s behavior. 3d 1137 (9th Cir.

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Another digital "buy" button case survives motion to dismiss

43(B)log

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.

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The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers

Kluwer Copyright Blog

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

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). This is a U.S

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NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. Was that ownership transferred, and if so, to whom? What kind of private key do you have attached to that ownership? What kind of private key do you have attached to that ownership?