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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94
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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 Ripps’s collection has sold out in 15 days, producing a revenue of 1,023.03

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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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Clone wars: truthful statements about cloned horses don't constitute false association

43(B)log

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 false advertising and false association.

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(c), TM, and other claims from busted partnership to sell colored copper fixtures

43(B)log

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein.

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

43(B)log

As part of preliminary discussions with Vubiquity about a distribution agreement for iTunes, LW provided master copies of all 60 episodes, but no agreement was ever reached. False advertising: Sybersound Recs., Copyright ownership information is CMI. But surely the copyright ownership claims affected Apple ’s behavior.

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

43(B)log

Upon Darger’s death, the Lerners took control of his works under the allegedly false pretense that he had gifted the physical copies of his works and their associated copyrights to them.” Copyright ownership: At this stage, the court accepted as true the allegation that Darger did not gift his works to the Lerners.