Tag Archives: dastar

Dastar prevents misrepresentation of source of IP from being material

Restellini v. Wildenstein Plattner Inst., Inc., 2021 WL 4340824, No. 20 Civ. 4388 (AT) (S.D.N.Y. Sept. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity–I’m not sure materiality is really the right characterization, but … Continue reading

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false designation claim doesn’t require distinctiveness, court wrongly holds

Simpson Strong-Tie Company Inc. v. MiTek Inc., 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. Cal. Apr. 5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other … Continue reading

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What Dastar took, does 1202 give back?

Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla provides “professional architectural services to various construction projects.” Defendants own a “luxury construction project” at 324–326 West 108th … Continue reading

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Copyright preempts/Dastar precludes lawsuit based on Fortnite’s copying of a dance move

Brantley v. Epic Games, Inc., No. v. 19-cv-594-PWG (D. Md. May 29, 2020)  Plaintiffs Brantley and Nickens alleged that in 2016 they created, named, and popularized a dance move, which they titled the “Running Man,” and which subsequently went viral … Continue reading

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11th Circuit protects (at least some) truthful references to product creation

Webster v. Dean Guitars, — F.3d —-, 2020 WL 1887783, No. 19-10013 (11th Cir. Apr. 16, 2020) Buddy Webster (pka Buddy Blaze), a successful guitar maker and technician, in the mid-1980s modified a Dean guitar and commissioned someone to paint … Continue reading

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Lack of personal jurisdiction leads to fee award in (c)/false advertising case

International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. Nev. Oct. 29, 2019) Not gonna lie, I’m here for the defendants, the OECD and Joseph Stiglitz.   IIM, a small Nevada think tank, … Continue reading

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading

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CopyrightX: UGC panel

Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading

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Copying before-and-after surgical photos can be false advertising despite Dastar

Aesthetic Associates, Inc. v. Key West Institute for Plastic Surgery, Inc., No. 18-10059-CIV-MARTINEZ-OTAZO-REYES, 2019 WL 1922854 (S.D. Fla. Feb. 5, 2019) Plaintiff, whose principal is Dr. Portuese, sued defendants for copyright infringement, removal of CMI and false advertising in passing … Continue reading

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Star Trekkin’ across the universe of fair use

I like Star Trek better than Dr. Seuss, ok? Dr. Seuss Enters., L.P. v. ComicMix LLC, No. 16-CV-2779 JLS (BGS) (S.D. Cal. Mar. 12, 2019) DSE owns the copyrights to the works of Theodor S. Geisel, better known as Dr. … Continue reading

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