Tag Archives: dastar

AI voice cloning opinion narrows claims to ROP, rejecting TM and (most) copyright theories

Posted on July 21, 2025 by rtushnet

Lehrman v. Lovo, Inc., — F.Supp.3d —-, 2025 WL 1902547, 24-CV-3770 (JPO) (S.D.N.Y. Jul. 10, 2025) Plaintiffs alleged that Lovo misled them about its use of their voices, using AI to synthesize and sell unauthorized “clones” of their voices. They … Continue reading →

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Dastar bars claim against allegedly false copyright/licensing claims used to extract money from public domain works

Posted on February 10, 2025 by rtushnet

McKenzie v. Artists Rights Soc., Inc., 2024 WL 4803870, — F.Supp.3d —-, 2024 WL 4803870, 22 Civ. 1619 (JHR) (S.D.N.Y. Nov. 15, 2024) McKenzie is an art publisher that worked with the late artist Robert Indiana to create and produce … Continue reading →

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Another API (c) case with false advertising and contract claims too

Posted on October 18, 2024 by rtushnet

Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf … Continue reading →

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false “patented/proprietary/exclusive” claims can be actionable despite Dastar

Posted on October 16, 2024 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 2022-2160 (Fed. Cir. Oct. 3, 2024) Crocs sued competitors for patent infringement; defendant Dawgs counterclaimed for false advertising about the characteristics of the primary material Crocs uses to make its footwear products, a material … Continue reading →

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using results from one product to tout another isn’t passing off, but could be false advertising

Posted on August 29, 2024 by rtushnet

Ortho-Tain, Inc. v. Colorado Vivos Therapeutics, Inc., 2024 WL 3925408, No. 20 C 4301 (N.D. Ill. Aug. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely … Continue reading →

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Trademark law and LinkedIn resumes: watch out?

Posted on July 25, 2024 by rtushnet

Portkey Tech. PTE Ltd v. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Jul. 19, 2024) Another case that starkly shows the effects of trademark’s abandonment of any harm requirement, not to its benefit, where false advertising claims fail because … Continue reading →

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Slow fashion: checkerboard design plausibly infringes another checkerboard design

Posted on July 3, 2024 by rtushnet

Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion designer’s claims against LVMH, while preserving one copyright infringement claim based on a distorted checkerboard … Continue reading →

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Tiktok’s other, smaller legal problem

Posted on April 29, 2024 by rtushnet

Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading →

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Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Posted on April 29, 2024 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading →

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Dastar bars false advertising claim against “first of its kind” ads

Posted on December 15, 2023 by rtushnet

 Vericool World LLC v. Igloo Prods. Corp., 2023 WL 8634803, No. 22-cv-02440-HSG (N.D. Cal. Dec. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. The court found this Dastar-barred, since … Continue reading →

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