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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Monthly Archives: June 2014
Something fishy about this trademark claim?
GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014) I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home … Continue reading
Posted in trademark
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Apply fair use to burned area
Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless–what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild’s theory of the case. So, HT’s lawyer snarks … Continue reading
"original" and "first" are mere puffery
Bern Unlimited, Inc. v. Burton Corp., No. 11-12278, 2014 WL 2649006 (D. Mass. June 12, 2014) Bern sued six of its competitors in the market for sports helmets, alleging trade dress infringement. Answering Bern’s third amended complaint, defendants asserted false … Continue reading
Washington’s football team registrations cancelled
If you didn’t get the link from five other places, here it is. (It turns out that today was a bad day to wear shorts to the office; it’s not the best outfit for being interviewed by a suited TV … Continue reading
Posted in trademark
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Grande deception?
Starbucks and the “free” college education for its workers: The reporting on Starbucks’ offer has gone beyond the headline—and if treated like ordinary advertising, that headline is misleading. As it turns out, Starbucks will only pay in full for two … Continue reading
reading list: marijuana advertising and lessons from tobacco
Kimber P. Richter, Ph.D., M.P.H. & Sharon Levy, M.D., M.P.H., Big Marijuana — Lessons from Big Tobacco, New England Journal of Medicine: [T]obacco was not always as lethal or addictive as it is today. In the 1880s, few people used … Continue reading
Posted in advertising, reading list
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ALI CLE event on Lexmark, Pom, etc.
First, I apologize for the slew of RSS feed updates you may recently have received if you subscribe via an RSS reader like Feedly—the feed has apparently been broken since early May. I was still here though! If you’re interested, … Continue reading
Such a lonely word: "honest" isn’t puffery
Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent lab testing determined that the … Continue reading
infringement isn’t disparagement for advertising injury purposes
Hartford Casualty Ins. Co. v. Swift Distribution, Inc., No. S207172, 2014 WL 2609753 (Cal. June 12, 2014) The California Supreme Court here provides a relatively rare state court interpretation of the scope of an advertising-related insurance policy. Hartford insured Swift … Continue reading
Posted in disparagement, insurance, trademark
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