43(B)log

SEPTEMBER 16, 2021

This has caused some confusion about whether and when a commercial license from Neo4j USA is necessary to use, modify or redistribute the software in a commercial setting.” Thus, this was not nominative fair use, but rather a use that created the misleading perception that defendants’ products were Neo4j products.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

Fair Use 109

Fair Use Copyright Artwork Social Media 109

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. The court also found that the alleged use of the Roblox name was not, as a matter of law, nominative fair use.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

FEBRUARY 18, 2022

b/c standard for proving abandonment is not consistent through US. Standard of focusing on TM owner’s behavior (discontinuance w/ intent not to resume use) ignores goodwill and claimant’s intended use/behavior in the marketplace. Definition should be broader than sale/transportation of goods in commerce.

Trademark 45

Trademark False Advertising Fair Use Branding 45

43(B)log

MARCH 10, 2023

Both copyright and false advertising claims (based on Sports Mall’s disparagement of eBay sellers as unreliable) survived a motion to dismiss, but the false advertising claim can’t make it past summary judgment, while Krikor received partial summary judgment on the copyright claim. Nor was the use of the photos fair use.

False Advertising 45

False Advertising Advertising Advertising Copying 45

43(B)log

AUGUST 27, 2024

But that would run up against a strong preference for truthful speech, especially if the alternative seems to be that PNC can control what apps its customers can use. It was ok to use a qualitative analysis of “bad press” that allegedly came about from Plaid’s screens’/CSRs’ criticism of PNC.

Branding 52

Branding Brands Branding False Advertising 52