Tag Archives: dastar

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

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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

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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

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Political ad isn’t commercial, can’t be basis of Lanham Act claim

Nichols v. Club for Growth Action, No. 16-220, 2017 WL 420111 (D.D.C. Jan. 31, 2017) Club for Growth Action is a political organization that broadcast a 30-second political ad on Wisconsin television and the Internet in September 2015, challenging the … Continue reading

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9th Circuit rejects Slep-Tone’s anti-copying claim couched as TM claim

Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke & DJ Servs., LLC, No. 14-17229 (9th Cir. Jan. 18, 2017) (per curiam) Slep-Tone makes karaoke music tracks under the trademark “Sound Choice.” They’re released on CDs in a format known as … Continue reading

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ISP fails to dismiss (c) and CMI claims based on watermarked photo

Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457, No. TDC-15-2400 (D. Md. Aug. 11, 2016) Goldstein is a professional photographer who registered a copyright in a 2007 photograph he took of the Silver Spring Metro Station, which appears … Continue reading

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Don’t send a TM to do a (c)’s job: 7th Circuit rules in Slep-Tone case

Mark McKenna organized an amicus brief in this case, which was not cited by the court but advocated a position similar to that adopted by the panel. Phoenix Entertainment Partners, LLC v. Rumsey, No. 15-2844 (7th Cir. July 21, 2016) … Continue reading

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