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Alleging sponsorship/endorsement confusion can't defeat clear nominative fair use

43(B)log

Pasadena objected that, in the event of a force majeure, the MLA gave it the right to restrict PTRA from hosting the Rose Bowl Game in a venue other than Rose Bowl Stadium. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks.

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literal falsity of claim that website doesn't allow checkout in under a minute supports preliminary injunction

43(B)log

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. The slide clearly compared the parties’ platforms. This also took care of materiality.

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Ten things to know about NFTs

The IPKat

In any event, the licence will determine the rights afforded to the purchase, which usually confirm that no copyright ownership is passed, and that the purchase is prevented from adapting, reproducing, or communicating the work to the public. The terms of ownership and remuneration vary between platforms.

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competitor's alleged hijacking of Facebook page could violate 43(a)

43(B)log

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. This meant that past events and posts by La Baguette now appeared to have been posted by “Tito & Tita Langley.” DLB-21-401 (D. the page,” id. ¶

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USC IP year in review, TM/ROP

43(B)log

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. The court or appeals also commented that relying on IIC might change the available damages and relief—but how exactly?

IP 94
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A Look Back at India’s Top IP Developments of 2023

SpicyIP

[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 114