Plaintiff’s false designation of origin and false endorsement claims, such as they are, rest on the assertion that defendants falsely represented themselves as the origin of intellectual property on which the Oculus Rift is based. Those claims are barred by Dastar v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003), which holds that only confusion regarding the origin of physical goods is actionable under the Lanham Act.
Brief of Amici Curiae Intellectual Property Law Professors in Favor of Judgement as a Matter of Law, Zenimax Media, Inc. v. Oculus VR, No. 3:14-cv-01849-K, (N.D. Tex. June 8, 2017).