Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3232
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

Reading list: scientific claims and anti-fraud laws

last monthIndustries / Law : 43(B)log

Shannon Roesler, Evaluating Corporate Speech About Science (forthcoming, Geo. L.J. 2018) Pull quote: “[C]onsumer protection laws should encourage accurate representations of contemporaneous scientific knowledge, rather than lucky guesses about the state of scientific knowledge in the future.” Amen. Show More Summary

Undisclosed, and disclosed, influence when going to the mattresses

last monthIndustries / Law : 43(B)log

Fast Company has a great story about the intricate operations and arguable shenanigans of mattress reviewers who are also paid affiliates. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Consumer's ability to trust future representations provides standing to seek injunctive relief

last monthIndustries / Law : 43(B)log

Delman v. J. Crew Group, Inc., 2017 WL 3048657, No. 16-9219 (C.D. Cal. May 15, 2017) This is another factory outlet false advertising case. The J. Crew Factory Website sells clothing and other items at what appears to be a significant discount. Show More Summary

TM use in ad text and on website not confusing where true source is clearly marked

last monthIndustries / Law : 43(B)log

Guardian Pool Fence Sys. Inc., Plaintiff, v. Sunwest Industries, Inc., No. 16-0824, 2017 WL 2931413 (C.D. Cal. Jun. 1, 2017) Guardian and All-Safe compete in the market for mesh pool fences; a Guardian fence costs around $2,000, and an All-Safe fence costs around $1,500. Show More Summary

Uncontradicted testimony that defendant’s claim lacks scientific support requires judgment for plaintiffs

last monthIndustries / Law : 43(B)log

Rosendez v. Green Pharmaceuticals, No. D071073, 2017 WL 4400011 (Cal. Ct. App. Oct. 4, 2017) (unpublished) Plaintiffs alleged that Green’s SnoreStop, a homeopathic remedy for snoring, was a sugar pill falsely advertised to stop snoring. Show More Summary

Suing Doe reviewers under the Lanham Act fails

last monthIndustries / Law : 43(B)log

Reybold Gp. v. Does 1-20, 2017 WL 4326360, No. 17-810 (D. Del. Sept. 29, 2017) (magistrate judge) Reybold sued the Does for infringement, dilution, injurious falsehood, and defamation based on their statements on ApartmentRatings.com about Reybold’s St. Show More Summary

Fantasy gambling is newsworthy, doesn't violate players' rights of publicity

2 months agoIndustries / Law : 43(B)log

Daniels v. FanDuel, Inc., No. 16-cv-01230 (S.D. Ind. Sept. 29, 2017) Akeem Daniels, Cameron Stingily, and Nicholas Stoner played college football and sued FanDuel and DraftKings for violating their Indiana right of publicity. Defendants...Show More Summary

Kate Spade fails to toss outlet lawsuit alleging inferior quality compared to boutiques

2 months agoIndustries / Law : 43(B)log

Irvine v. Kate Spade & Co., 2017 WL 4326538, No. 16-CV-7300 (S.D.N.Y. Sept. 28, 2017) Plaintiffs alleged that Kate Spade marks merchandise sold at outlets with an illusory and arbitrarily higher price from which a substantial “discount”...Show More Summary

FTC loses motion to dismiss because court doesn't deal well with statistics

2 months agoIndustries / Law : 43(B)log

FTC v. Quincy Bioscience Holding Co., 2017 WL 4382312, No. 17 Civ. 124 (S.D.N.Y. Sept. 28, 2017) Lawyers and especially generalist-by-necessity judges need to understand some statistical basics. When they don’t, they let bad science shape consumers’ decisions and even law. Show More Summary

Pleading facts indicating that ad claims are likely impossible suffices for plausibility

2 months agoIndustries / Law : 43(B)log

Fan Fi International, Inc. v. Interlink Prods. Int’l, Inc., 2017 WL 4293144, No.16-cv-00661 (D. Nev.Sept. 27, 2017)After being sued in New Jersey, Fan Fi and ETL sued Interlink in Nevada for false advertising under the Lanham Act and...Show More Summary

"information and belief" isn't enough to allege competitive injury in false advertising case

2 months agoIndustries / Law : 43(B)log

Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, No. 16 CV 10969 (N.D. Ill. Sept. 28, 2017) Brickstructures, a LEGO-structure-creating business, sued Coaster for breach of contract, breach of fiduciary duty, and false advertising under the Lanham Act. Show More Summary

Are Crocs' uniqueness claims a crock?

2 months agoIndustries / Law : 43(B)log

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application,...Show More Summary

Reasonable consumers needn't expect individual products to differ from overall brand recommended by experts

2 months agoIndustries / Law : 43(B)log

Eidelman v. Sun Prods. Corp., No. 16-cv-3914, 2017 WL 4277187 (S.D.N.Y. Sept. 25, 2017) Eidelman allegedly bought Sun Product’s “237-fl oz. bottle of ALL PLUS + FREE CLEAR... liquid detergent” based on its label that it was “from the...Show More Summary

9th Circuit is sour on sugar-sweetened beverage disclosure

2 months agoIndustries / Law : 43(B)log

American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain fixed advertising (e.g., billboards) in the city. Show More Summary

Errant earrings: (c) but not trade dress success likely, still no irreparable harm

2 months agoIndustries / Law : 43(B)log

Ear Charms, Inc. v. Bling Jewelry, Inc., 2017 WL 2957796, No. CV 16-02091 (C.D. Cal. Apr. 11, 2017) Sandra Callisto designed a “stylish alternative to pierced earrings” for Ear Charms, specifically “wave” earrings, which allegedly bore...Show More Summary

Response to Tim Wu's piece on First Amendment obsolescence

2 months agoIndustries / Law : 43(B)log

Not Waving but Drowning: Saving the Audience from the Floods. A response to Tim Wu's essay "Is the First Amendment Obsolete?" http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Harvard JOLT seeks submissions

2 months agoIndustries / Law : 43(B)log

The Harvard Journal of Law and Technology is one of the leading journals covering the ever-developing interaction between law and technology. JOLT Digest is the Journal's online-only companion, providing timely updates and new perspectives on recent developments in technology law, touching on topics such as privacy, security, AI, IP, and free speech. Show More Summary

Brief on TM issues in ASTM v. Public Resource

2 months agoIndustries / Law : 43(B)log

Mark McKenna and I, with other trademark professors, have written a brief in the ASTM case. Thanks to Sam Bagenstos for last-minute filing assistance. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

2 months agoIndustries / Law : 43(B)log

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances,...Show More Summary

False advertising case stomped by ambiguity of "original"

2 months agoIndustries / Law : 43(B)log

Not Dead Yet Manufacturing Inc. v. Pride Solutions, LLC, 2017 WL 4150720, No. 13 C 3418 (N.D. Ill. Sept. 19, 2017) Patent case with a side order of false advertising. NDY owns patents concerning ‘quick connect and disconnect’ apparatuses...Show More Summary

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