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It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks.
Roblox sued for copyright infringement, falseadvertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and falseadvertising and unfair competition under California law.
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. This is a U.S NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).
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. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. The terms of ownership and remuneration vary between platforms.
Amazon argued that “buy” didn’t mean perpetual ownership, and that it sufficiently disclosed the risk of losing access. Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” Buy” was also plausibly deceptive.
Falseadvertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”
Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit falseadvertising 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.
This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted falseadvertising and false association.
The falseadvertising 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.
Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, falseadvertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion.
DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal falseadvertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.
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.
2024) The court of appeals affirmed the dismissal of FedEx’s falseadvertising 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
However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Falseadvertising should be avoided when defaming a product.
The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. But breach of fiduciary duty and contract claims survived, as did unjust enrichment and civil conspiracy. This could also be unfair competition under Maryland law.
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.” 20, 2021), given that the claims arose under “completely different state laws.”
[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).
Most common reason: change of ownership or structure, merger, acquisition, sponsorship change, shift from private to public, demerger Change in corporate strategy—globalization or localization, diversify or divest. 57% say sellers could be liable for false etc. A single user can obfuscate its past identity from its present.
In contrast, a tussle on fair use and free speech would be activated if companies contest ownership in respect to trademarking hashtags. This can place a brand at risk or give rise to claims of falseadvertising against it. Confusion can arise in the minds of individuals because of indefinite disclosures or vague messages.
Its subhead was: Gordons Fine Wine Acquires Ownership Stake in One of the Nations Longest-Running Food and Wine Events. Amy Baxter, Licensing Administrator at the Nantucket Police Department, met with Gordon and subsequently emailed a third party about a change in ownership and management of the Wine Fest.
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 falseadvertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.
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