Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3285
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

New York GBL Section 349 covers ordinary trademark claims, court rules

3 weeks agoIndustries / Law : 43(B)log

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge) Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island...Show More Summary

Confusion with firm sued for sexual harassment causes irreparable harm

3 weeks agoIndustries / Law : 43(B)log

Newmark Realty Capital, Inc., v. BGC Partners, Inc., No. 16-cv-01702 (N.D. Cal. Nov. 16, 2017) Newmark Realty Capital (founded 1991) and defendants BGC Partners and Newmark & Co. Real Estate “traditionally operated in distinct sectors...Show More Summary

Pure disparagement by competitor is commercial speech even without invitation to buy

3 weeks agoIndustries / Law : 43(B)log

Monat Global Corp. v. Kavanaugh, 2018 WL 501616, No. 17-cv-1666 (M.D. Fla. Jan. 22, 2018) The parties sell competing hair products. Kavanaugh allegedly orchestrated an “[I]nternet smear campaign” by posting false comments on Facebook...Show More Summary

CFP: Yale/Stanford/Harvard Junior Faculty Forum

last monthIndustries / Law : 43(B)log

Request for SubmissionsYale/Stanford/Harvard Junior Faculty Forum June 13-14, 2018, Harvard Law School Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard Law School on June 13-14, 2018. Show More Summary

That's swell: court rules that NY doesn't impose "use in commerce" limit on unfair competition

last monthIndustries / Law : 43(B)log

Can’t Live Without It, LLC v. ETS Express, Inc., --- F.Supp.3d ----, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018) Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig Bottles, which have the exact same shape as plaintiff’s S’well and S’ip Bottles, respectively. Show More Summary

Beyond Belmora: foreign TM owner proceeds under Lanham Act and Inter-American Convention

last monthIndustries / Law : 43(B)log

S.A.S. v. Latinfood U.S. Corp., Civ. No. 16-6576, --- F.Supp.3d ----, 2017 WL 6940696 (D.N.J. Dec. 29, 2017) Industria, a Colombian food corporation and Colombian owner of the Zenú and Ranchera marks, sued Latinfood, for reasons you can guess when you learn that they are doing business in the US as Zenú Products Co. Show More Summary

Another IP plaintiff fails to show irreparable harm (false advertising/trade secret)

last monthIndustries / Law : 43(B)log

Impax Media Inc. v. Northeast Advertising Corp., No. 17 Civ. 8272, 2018 WL 358284 (S.D.N.Y. Jan. 10, 2018) Impax, which provides digital video screens that show ads (mostly in supermarkets), sought to enjoin defendants (AdCorp) fromShow More Summary

There's only one master of The Commodores: the group itself

last monthIndustries / Law : 43(B)log

Commodores Entertainment Corp. v. McClary, 2018 WL 327302, No. 16-15794 (11 th Cir. Jan. 9, 2018) McClary was an original member of the award-winning Commodores, but, by his own admission, he “split from the band” in 1984 to strike out on his own in the world of music. Show More Summary

"I'm your lawyer" might be false advertising when lawyer's firm won't do the work

last monthIndustries / Law : 43(B)log

Rosenbaum & Assoc., P.C. v. Morgan & Morgan, 2018 WL 327167, No. 17-4250 (E.D. Pa. Jan. 8, 2018) A Philadelphia personal injury law firm that advertises extensively on TV and billboards alleged that a national personal injury law firm’s...Show More Summary

Finding of willful infringement still doesn't merit injunction under Herb Reed

2 months agoIndustries / Law : 43(B)log

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017) Herb Reed strikes again. The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year statute of limitations had run. Show More Summary

"pregnancy center" wasn't commercial speaker and couldn't be forced to disclose anti-abortion stance via mandatory label

2 months agoIndustries / Law : 43(B)log

Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of Baltimore, 2018 WL 298142 (4 th Cir. Jan. 5, 2018) The court of appeals affirmed the invalidation of an ordinance requiring pregnancy clinics that do not offer or refer...Show More Summary

Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk(

2 months agoIndustries / Law : 43(B)log

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumerShow More Summary

Arbitral immunity doesn't extend to arbitral advertising

2 months agoIndustries / Law : 43(B)log

Hopper v. American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9 th Cir. Dec. 7, 2017) The district court dismissed Hopper’s false advertising claim against AAA based on arbitral immunity, and the court of appeals reversed. Show More Summary

"prevailing price" consumer protection rule isn't unconstitutionally vague

2 months agoIndustries / Law : 43(B)log

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017) Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated...Show More Summary

Supplement maker can't enjoin database changes, but avoids anti-SLAPP dismissal

2 months agoIndustries / Law : 43(B)log

Exeltis USA Inc. v. First Databank, Inc., 2017 WL 6539909, No. 17-cv-04810 (N.D. Cal. Dec. 21, 2017) This is an interesting case about the FDA/Lanham Act interaction. Exeltis sells prenatal vitamins that contain 1 mg of folic acid. They...Show More Summary

Another consumer protection case survives despite invocation of In re GNC

2 months agoIndustries / Law : 43(B)log

Racies v. Quincy Bioscience, LLC, No. 15-cv-00292, 2017 WL 6418910 (N.D. Cal. Dec. 15, 2017) The court granted Racies’ motion for certification of a California class against the makers of Prevagen, a supposed brain health supplement, covering the usual California claims. Show More Summary

We're not gonna need a bigger bucket: lawsuit against KFC dismissed

2 months agoIndustries / Law : 43(B)log

Wurtzburger v. Kentucky Fried Chicken, No. 16-CV-08186, 2017 WL 6416296 (S.D.N.Y. Dec. 13, 2017) Wurtzburger sued KFC for alleged violations of General Business Law §§ 349, 350 and 21 C.F.R. § 100.100 by misleading consumers into believing that KFC’s buckets of chicken were are filled to the rim. Show More Summary

section 2 refusals are subject to Reed strict scrutiny, Fed. Cir. rules

2 months agoIndustries / Law : 43(B)log

In re Brunetti, No. 2015-1109 (Fed. Cir. Dec. 15, 2017) Brunetti wanted to register FUCT; the TTAB affirmed a refusal to register on scandalousness grounds. The Federal Circuit here deals the inevitable deathblow to scandalousness as a registration bar, but on broader grounds than I expected. Show More Summary

Reading list: measuring the impact of user rights

2 months agoIndustries / Law : 43(B)log

Sean M. Flynn & Mike Palmedo, The User Rights Database: Measuring the Impact of Copyright Balance Abstract International and domestic copyright law reform around the world is increasingly focused on how copyright user rights should be expanded to promote maximum creativity and access to knowledge in the digital age. Show More Summary

Allegedly false certification for competitor brings trade secret, deceptive practices claims

2 months agoIndustries / Law : 43(B)log

Duro Corp. v. Canadian Standards Assoc., 2017 WL 6326862, No. 17 CV 1127 (N.D. Ohio Dec. 11, 2017) Duro, a distributor of high end gas ranges, sued the CSA, a nonprofit consumer product safety testing organization, for misappropriation of trade secrets, violation of the Ohio Deceptive Trade Practices Act, and Lanham Act violations. Show More Summary

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