Remove Business Remove Contracts Remove False Advertising Remove Ownership
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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94
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crypto lender plausibly violated UCL via unlawfulness and deceptiveness

43(B)log

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

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failure to properly allege falsity dooms FedEx at 6th Circuit

43(B)log

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

43(B)log

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No.

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selling allegedly stolen/converted merchandise isn't reverse passing off

43(B)log

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v.

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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. This is a U.S This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e.

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timeshare exit ads could proximately cause harm even w/o telling people to stop paying

43(B)log

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. 439 people with timeshare contracts with Diamond hired one of the defendant companies. One defendant was a law firm. The mailer went to 315 of them, in 42 states.