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It had a similar color scheme, page layout and website architecture, font type, and artwork and photographs to Boston Carriage’s. Boston Carriage argued that it had a legal right of immediate possession to the original content posted to its website by its customers through a non-exclusive license.
The First Amendment has long coexisted with no-fault falseadvertising laws. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act falseadvertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]
I first wrote about this case back in March , when Atari filed a complaint accusing State Farm and its advertising partners of improperly appropriating artwork from Atari’s 1983 arcade game “Crystal Castles” for a 6-second online video advertisement. Conversely, in Ringgold v.
Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.
On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, falseadvertising, cybersquatting and other cause of actions before the Central District of California. A digital file (an artwork, a song, etc.), This is a U.S
The claim is for trade mark infringement, unfair competition, falseadvertising, cybersquatting, and other cause of actions before the Central District of California. In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed.
WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and falseadvertising. In 2017, WI granted WPI an automatically renewable, exclusive license to use and exploit the content of all of WI’s materials, including the Modigliani material.
Falseadvertising should be avoided when defaming a product. Subscribe to copyright for original videos, audio recordings, pictures, writing, and artwork. Avoid using brand names, logos, trademarks, and copyrighted material without first obtaining the relevant permits and licenses.
Static Controls in 2012, a Lanham Act falseadvertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.
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