Tag Archives: dastar

allegedly false claims of official endorsement by Trump can be false advertising

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Dastar bars TM claim based on unlicensed copying of footage

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Don’t try to make a Lanham Act case out of a copyright case

Lieb v. Korangy Pub’g, Inc., 2016 WL 8711195, No. 15-CV-40 (E.D.N.Y. Sept. 30, 2016) The Second Circuit isn’t a good place to try to plead around Dastar.  Lieb sued Korangy for copyright infringement and deceptive business practices based on alleged … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Use of P’s photos to advertise D’s goods must be challenged via copyright, not Lanham Act, under Dastar

Barn Light Electric Company, LLC v. Barnlight Originals, Inc., 2016 WL 7135076, No.14–cv–1955 (M.D. Fla. Sept. 28, 2016) Plaintiff BLE, owned by the Scotts, sells light fixtures to consumers over the internet. Defendant Hi–Lite, owned by the Ohais, makes light … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

use of P’s jewelry in D’s ad is regular passing off, not reverse passing off

Brighton Collectible, LLC v. Believe Production, Inc., 2017 WL 440255, No. 15-cv-00579 (C.D. Cal. Jan. 30, 2017) Brighton sued Believe for infringing Brighton’s copyright in a jewelry design and also engaging in false designation of origin/unfair competition.  In particular, Brighton … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

use of P’s jewelry in D’s ad is regular passing off, not reverse passing off

Brighton Collectible, LLC v. Believe Production, Inc., 2017 WL 440255, No. 15-cv-00579 (C.D. Cal. Jan. 30, 2017) Brighton sued Believe for infringing Brighton’s copyright in a jewelry design and also engaging in false designation of origin/unfair competition.  In particular, Brighton … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Advertising a phone with an unauthorized screenshot of an app doesn’t violate the Lanham Act under Dastar

Appjigger GmbH v. BLU Products, Inc., 2016 WL 4119720, No. 15–22313 (S.D. Fla. Mar. 7, 2016) Appjigger makes apps, and has an exclusive license for the WP CLOCK software app, which is available both to end users and also for … Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment