Programmers Make a Copyright Claim 'Masquerading' as a Trademark Claim in GitHub Lawsuit by@legalpdf
Programmers Make a Copyright Claim 'Masquerading' as a Trademark Claim in GitHub Lawsuit
by Legal PDFSeptember 22nd, 2023
Too Long; Didn't Read
Plaintiffs purport to assert a claim under the Lanham Act for “reverse passing off.”
ub Motion to dismiss Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 23 of 26.
ARGUMENT
V. PLAINTIFFS’ REVERSE PASSING OFF CLAIM IS BARRED UNDER DASTAR.
Plaintiffs purport to assert a claim under the Lanham Act for “reverse passing off.” Compl. at 43 (Count V). The allegation that Defendants have marketed, distributed, or sold works in which Plaintiffs claim some interest “without attribution” is a copyright claim masquerading as a trademark claim, and therefore squarely barred by the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 37 (2003); see also Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137, 1143-44 (9th Cir. 2008).
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This court case 4:22-cv-06823-JST retrieved on September 11, 2023, from documentcloud.org is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.
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