Blog Profile / 43(B)log

Filed Under:Industries / Law
Posts on Regator:3096
Posts / Week:6.5
Archived Since:March 17, 2008

Blog Post Archive

US companies can be enjoined from false advertising in China

4 weeks agoIndustries / Law : 43(B)log

Primo Broodstock, Inc. v. American Mariculture, Inc., No. 17-cv-9, 2017 WL 1502714 (M.D. Fla. Apr. 27, 2017) Primo is a Texas corporation that breeds and sells “highly disease-resistant” shrimp from the Ecuadorian litopenaeus vannamei strain. Show More Summary

Internet surveys are admissible (but may raise IRB concerns)

last monthIndustries / Law : 43(B)log

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017)Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging of its bread. Show More Summary

4th Cir. affirms dismissal where P didn't allege specific lost consumers or quantify lost sales

last monthIndustries / Law : 43(B)log

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc., --- Fed.Appx. ----, 2017 WL 1437215, No. 16-1819 (4th Cir. Apr. 24, 2017) The court of appeals affirmed the dismissal of Wall’s complaint for false advertising based on statements by the BBB. Show More Summary

My IP collection widens

last monthIndustries / Law : 43(B)log

Today: Lardashe jeans--it's quite possible they'd even fit me: Jordache Enters. v. Hogg Wyld (10th Cir. 1987)

Reading list: empirical evidence about FTC's substantiation standard

last monthIndustries / Law : 43(B)log

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer...Show More Summary

TM/(c) questions of the day

last monthIndustries / Law : 43(B)log

Which, if any, raise any TM or copyright concerns? matchboxes with book covers "phone app sticky notes" Scented erasers with possibly recognizable trade dresses

Dastar bars TM claim based on unlicensed copying of footage

last monthIndustries / Law : 43(B)log

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, sued for copyright infringement and related claims. Show More Summary

"Australian for [American] beer" isn't deceptive, court rules

last monthIndustries / Law : 43(B)log

Nelson v. MillerCoors, LLC, 15-CV-7082, 2017 WL 1403343, -- F. Supp. 3d – (E.D.N.Y. Mar. 31, 2017) The court dismissed Nelson’s complaint, invoking lots of different consumer protection laws, based on Miller’s allegedly misleading marketing...Show More Summary

Ninth Circuit bars consumer claims challenging assertions of clinical proof

last monthIndustries / Law : 43(B)log

Kwan v. SanMedica Int’l, -- F.3d --, No. 15-15496, 2017 WL 1416483 (9th Cir. Apr. 21, 2017) Kwan alleged that SanMedica’s product SeroVital was falsely advertised as effective, and the district court dismissed her complaint as a lack of substantiation claim not actionable under California consumer protection law. Show More Summary

Sixth Circuit has nominative fair use sans la lettre

last monthIndustries / Law : 43(B)log

Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC, No. 16-5582 (6th Cir. Apr. 19, 2017) Query: Does the Sixth Circuit’s refusal to adopt nominative fair use, and its insistence on a separate doctrine of “use as a trademark,” make a difference?...Show More Summary

9th Circuit revives class action against allegedly mislabeled baby food

last monthIndustries / Law : 43(B)log

Bruton v. Gerber Prods. Co., 2017 WL 1396221, --- Fed.Appx. ----, No. 15-15174 (9th Cir. Apr. 19, 2017)Bruton sued Gerber, alleging that labels on certain Gerber baby food products included claims about nutrient and sugar content that were impermissible under FDA regulations incorporated into California law. Show More Summary

Georgetown Tech Law Review seeks submissions

last monthIndustries / Law : 43(B)log

From the editors: The Georgetown Law Technology Review is soliciting content for fall 2017 publication. Founded in 2015, the Review seeks to build a common forum for technologists, lawyers, and policymakers to discuss the increasingly complex intersections between law and technology. Show More Summary

Presumptions and evidence of causation both work in false advertising cases

last monthIndustries / Law : 43(B)log

Robroy Indus.–Texas, LLC v. Thomas & Betts Corp., No. 15-CV-512, No. 2:16-CV-198, 2017 WL 1370545 (E.D. Tex. Apr. 10, 2017) T&B and Robroy compete in the market for PVC-coated electrical conduit, which is used to carry electrical wiring in buildings or other structures. Show More Summary

Having a product in development isn't enough for Lanham Act standing

last monthIndustries / Law : 43(B)log

Pulse Health LLC v. Akers Biosciences, Inc., 2017 WL 1371272, No. 16-cv-01919 (D. Or. Apr. 14, 2017) Pulse was formed to develop a product that can measure aldehyde molecules in human breath via a non-invasive hand-held device. Its device was called FRED or Revelar. Show More Summary

My colleague Laura K. Donohue, now on Twitter

last monthIndustries / Law : 43(B)log

Where she will be tweeting about the national security state, privacy, et cetera. She's got comprehensive knowledge and a prime location, so take a look!

Grange grudge: court orders disclaimer to resolve confusing corporate status

last monthIndustries / Law : 43(B)log

National Grange of the Order of Patrons of Husbandry v. California State Grange, 2016 WL 8730678, No. 16-201 (E.D. Cal. Sept. 23, 2016) As relevant here, plaintiffs sued the California Guild and Robert McFarland for false advertisement and unfair competition under the Lanham Act, and moved for a preliminary injunction. Show More Summary

Uber can't get taxi false advertising case dismissed on 12(b)(6)

last monthIndustries / Law : 43(B)log

Delux Cab v. Uber Technologies, Inc., 2017 WL 1354791, No. 16cv3057 (S.D. Cal. Apr. 13, 2017) Delux, a cab company in San Diego, sued Uber for false advertising about “the purported exceptional safety of Uber” and the relative unsafety of taxicab rides. Show More Summary

Who registers the watchmen? court needs more info in (c) case

last monthIndustries / Law : 43(B)log

Sara Designs, Inc. v. A Classic Time Watch Co., --- F.Supp.3d ----, 2017 WL 627461, No. 16CV03638 (S.D.N.Y. Feb. 15, 2017) Sara sued for copyright infringement, trade dress infringement, state trademark infringement and dilution, unfair...Show More Summary

Lack of damages dooms false marking, advertising claims

last monthIndustries / Law : 43(B)log

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief under the Patent Act, the Lanham Act, and North Carolina’s Unfair and Deceptive Practices Act. Show More Summary

Ordinary false advertising isn't disparagement for insurance purposes

2 months agoIndustries / Law : 43(B)log

Vitamin Health, Inc. v. Hartford Casualty Ins. Co., --- Fed.Appx. ----, 2017 WL 1325263, No. 16-1724 (6 th Cir. Apr. 11, 2017) Vitamin Health makes products intended to reduce the risk of developing age-related macular degeneration,Show More Summary

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