Monthly Archives: September 2014

"strictest industry standards" can be false when performance is bad enough

Posted on September 3, 2014 by rtushnet

Muhler Company, Inc. v. Window World of N. Charleston LLC, 2014 WL 4269078, No. 2:11–cv–00851 (D.S.C. Aug. 28, 2014) This is a default judgment.  The parties compete to supply and install replacement windows in Charleston County, South Carolina, and in … Continue reading →

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Business consumer can’t bring Lanham Act claim after Lexmark

Posted on September 3, 2014 by rtushnet

Locus Telecommunications, Inc. v. Talk Global, LLC, No. 14–1205, 2014 WL 4271635 (D.N.J. Aug. 28, 2014) Defendant Expansys allegedly made a false statement on a website promoting its product, personal identification numbers (“PINs”) used to add minutes to prepaid cell … Continue reading →

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religious catalog doesn’t have a prayer on trade dress claims

Posted on September 3, 2014 by rtushnet

Gerffert Co., Inc. v. Dean, — F.Supp.2d —-, 2014 WL 4258275, No. 09–CV–266 (E.D.N.Y. Aug. 29, 2014) Gerffert sued Dean for infringement of its trade dress in catalogs for religious products, catalogs that featured the “iconic” artwork of Fratelli Bonella, … Continue reading →

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Breaking (season) bad: Apple’s season pass promise could violate UCL

Posted on September 3, 2014 by rtushnet

Lazebnik v. Apple, Inc., 2014 WL 4275008, No. 5:13–CV–04145 (N.D. Cal. Aug. 29, 2014) The plaintiff sued Apple for misrepresenting its Breaking Bad “season pass.”  As the court explained, “[f]rom the time Season 5 of Breaking Bad was first announced, … Continue reading →

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Distributor can be sued for direct false advertising under Lexmark

Posted on September 2, 2014 by rtushnet

Toddy Gear, Inc. v. Navarre Corp., 2014 WL 4271631,  No. 13 CV 8703 (N.D. Ill. Aug. 26, 2014) Toddy Gear makes the Toddy Smart Cloth, “a double-sided microfiber cloth with an antimicrobial coating crafted for scratch-free cleaning of extremely sensitive … Continue reading →

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Irreparable harm after Herb Reed

Posted on September 2, 2014 by rtushnet

E. & J. Gallo Winery v. Grenade Beverage LLC, No. 1:13-cv-00770 (E.D. Cal. Aug. 15, 2014) Via the Trademark Blog, this case applying Herb Reed but finding irreparable harm based on the same reasoning rejected in Herb Reed shows just … Continue reading →

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Redefining fan fiction down

Posted on September 2, 2014 by rtushnet

Neal Pollack’s article defending Amazon has many points of interest.  The only one I’ll engage with is that, contrary to the marketing, Amazon is still seeding Kindle Worlds with pro authors under contract–and apparently given advances as well as editorial … Continue reading →

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taking control: Honeywell TM, ad claims lose, (c) continue

Posted on September 2, 2014 by rtushnet

Honeywell International Inc. v. ICM Controls Corp., No. 11–569, 2014 WL 4248434 (D. Minn. Aug. 27, 2014) Honeywell sued ICM for patent infringement, copyright infringement, violation of the Lanham Act, and violation of state law.  (I will ignore the patent … Continue reading →

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