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> However, Apple lost its motions for a more definite statement of Sagan's Lanham Act claim. Apple had argued that Sagan's complaint had admitted that his name
by awb 5y ago
> However, Apple lost its motions for a more definite statement of Sagan's Lanham Act claim. Apple had argued that Sagan's complaint had admitted that his name was only used internally at Apple, and could not, therefore, have been "in commerce" as required by the Act. Judge Baird noted that Sagan's complaint only asserted that Apple's attorneys had stated that the name was only used internally. Finally, Judge Baird denied Apple's motion to strike Sagan's invasion of privacy count as redundant in light of the right of publicity claim. She noted that the former asserted an additional request for punitive damages, and that the other redundant elements did not prejudice the defendant in any way.
INAL so hard for me to parse this, but does this mean that some elements of the lawsuit were allowed to progress?
- setr 5y agoMy reading is that they tried to argue that the first complaint/lawsuit was invalid as well — the one that forced the name change itself — and that was upheld
- bombcar 5y agoLawyers will often argue the equivalent of “we didn’t do it and even if we did it was fine” - if you win the first part, you’ve won, and if you lose the first part you still have the second.