Monthly Archives: August 2014

#1 with a bullet: Nutribullet wins false advertising claim, but its green isn’t inherently distinctive

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2014 WL 4187982, No. CV 14–03954 (C.D. Cal. Aug. 22, 2014) Homeland and Euro-Pro compete in the home blender market. Homeland sells three Nutribullet products: Classic, Sport, and Pro.  Euro-Pro sells Ninja blenders, … Continue reading

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What does reputational harm mean? Lessons from Apple v. Samsung

Apple, Inc. v. Samsung Electronics Co., No. 12-CV-00630 (N.D. Cal. Aug. 27, 2014) Others will doubtless have much to say about the patent-specific aspects of this case, but I want to talk about what the court said about the relationship … Continue reading

Posted in design patent,, patent | Leave a comment

overstating competitor’s relationship with FTC target could be defamatory

Broadspring, Inc. v. Congoo, LLC, 2014 WL 4100615, No. 13–CV–1866 (S.D.N.Y. Aug. 20, 2014) (by my classmate, the Honorable Jesse Furman) “This is a lawsuit between bitter rivals in the online advertising industry.” Broadspring sued Congoo and two of its … Continue reading

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Presumed irreparable: 3d Circuit applies eBay to all Lanham Act claims

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., — F.3d —-, 2014 WL 4194094, No. 13–2290 (3d Cir. Aug. 26, 2014) This case had an INTA amicus brief making the trademark bar’s strongest arguments for Lanham Act exceptionalism, which here means … Continue reading

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I’ll give you four factors, and the last three don’t count: Lovelace film is fair use

Arrow Productions, LTD. v. Weinstein Company LLC, No. 13 Civ. 5488 (S.D.N.Y. Aug. 25, 2014) Someday I might stop blogging copyright fair use and trademark defendant wins on the pleadings, but today is not that day.  Also, I appreciate the … Continue reading

Posted in dilution,, trademark | Leave a comment

Bring me my (bonded) leather: deceptiveness claims were just opinion

Design Resources, Inc. v. Leather Indus. Am., 2014 WL 4159991, No. 1:10CV157 (M.D.N.C. Aug. 19, 2014) DRI sued defendants LIA and Ashley under the Lanham Act and the North Carolina Unfair and Deceptive Trade Practices Act.  Dr. Nicholas Cory was … Continue reading

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Consumers can’t be forced to use nonexistent arbitration proceeding

Jackson v. Payday Financial, LLC, No. 12-2617 (7th Cir. Aug. 22, 2014) The Seventh Circuit reversed the district court’s holding that it could not hear consumer claims against payday lenders doing business from a tribal location. Martin Webb was an … Continue reading

Posted in consumer protection, unconscionability | Leave a comment

Reading list: music copyright and similarity judgments

Carys J. Craig & Guillaume Laroche, Out of Tune: Why Copyright Law Needs Music Lessons.  Well worth reading in full.  Here’s some choice bits: [Lucy Pollard-Gott] found that, as listeners became more familiar with a given theme and listened to … Continue reading

Posted in copyright,, reading list | Leave a comment

Coffee’s for classes: 7th Cir. reinstates class action over instant coffee

Suchanek v. Sturm Foods, Inc., No. 13-3843, 2014 WL 4116493 (7th Cir. Aug. 22, 2014) Sturm entered the market for Keurig-compatible individual coffee pods (K-Cups) once patent protection expired, but according to plaintiffs they jumped the gun. The Seventh Circuit … Continue reading

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Lexmark applied to false association claims under 43(a)(1)(A)

Lundgren v. Ameristar Credit Solutions, Inc., 2014 WL 4079962, No. 3:12–263 (W.D. Pa. Aug. 18, 2014) Ameristar is a “debt settlement and tax resolution business,” while Lundgren “was previously in the mortgage service industry and began offering tax resolution services … Continue reading

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