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15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.
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.
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. This is a U.S
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.” The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.”
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.
12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary falseadvertising analysis.
Eventually, instead of monthly compensation, Von Berg offered Hawrych a 10% ownership interest in Nutra-Luxe, which worked for 16 years. Thus, the falseadvertising claim would be dismissed. Falseadvertising law has a much more structured way of accounting for implications than trademark law does.
Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.
Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir. 3d 1300 (Fed.
Falseadvertising: Sybersound Recs., 2008), held that misrepresentations about copyright licensing status did not relate to the “nature, characteristics, and quality” of a good under §43(a)(1)(B), unlike “the visual and audio quality of the good.” Copyright ownership information is CMI. 3d 1137 (9th Cir.
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. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data.
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.
“Regardless of which device is used to access digital content, or which ‘iTunes’ app is used to buy or rent the digital content, the app provides a tab or folder labeled ‘purchased.’ ” But when third parties terminate their licensing agreements with Apple, Apple “must revoke [a] consumer[’s] access” to purchased digital content “without warning.”
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.
[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).
A: Falseadvertising context: FTC/state AGs. Jim Gibson: Connection to other forms of abandonment through naked licensing/transfer in gross—it’s difficult to find standing b/c you have to find someone willing to take a chance. Consumer standing: how do you propose showing consumers are actually affected?
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. Sheff: What about licensing/merchandising in this system? A single user can obfuscate its past identity from its present.
The district court held that Rimini had, in fact, infringed by engaging in cross-use prohibited by PeopleSoft license agreements and that an update created for the City of Eugenes PeopleSoft software environment was a derivative work. Mere labeling of an arrangement as a license, while relevant, is not itself dispositive.
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. May 20, 2021) (R&R) renting existing equipment; Pine was formerly one of Proactive’s licensed distributors for the pumps.
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.
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