Monthly Archives: October 2014

The nominative/descriptive line

Posted on October 30, 2014 by

I love ads like this, which play with trademark meaning and non-trademark meaning: how should the law analyze them? “Rekindle your love of beautiful books” ad for print books http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

FTC challenges Gerber allergy-protection claims in court

Posted on October 30, 2014 by

Read the FTC’s explanation.  The FDA approved an extremely limited claim about very sketchy scientific evidence, and Gerber converted that into “the first and only infant formula that meets the criteria for a FDA Qualified Health Claim,” with accompanying gold … Continue reading →

Posted in fda, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Can’t replead TM as false advertising when functionality precludes TM

Posted on October 30, 2014 by

Honeywell International Inc. v. ICM Controls Corp., 2014 WL 5438395, No. 11–569 (D. Minn. Oct. 24, 2014) This litigation involves claims for patent infringement, copyright infringement, violations of the Lanham Act, and violations of the Uniform Deceptive Trade Practices Act … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Just in time for Halloween: this should make TM owners shiver

Posted on October 29, 2014 by

The Ninth Circuit is not kidding about not presuming irreparable harm in trademark cases. Titaness Light Shop, LLC v. Sunlight Supply, Inc., No. 13-16959 (9th Cir. Oct. 9, 2014) Sunlight uses “Titan Controls” for devices that control indoor gardening equipment. … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Case against allegedly contaminated jerky treats proceeds

Posted on October 29, 2014 by

In re Milo’s Dog Treats Consolidated Cases, 9 F.Supp.3d 523 (W.D. Pa. 2014) The court adopted the magistrate judge’s recommendation to grant defendants’ motion to dismiss unjust enrichment claims, but to deny the motion as to the consumer protection and … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Whole Foods’ not wholly natural foods are ok

Posted on October 27, 2014 by

Gedalia v. Whole Foods Market Services, Inc., 2014 WL 5315030,  No. 4:13–CV–3517 (S.D. Tex. Sept. 30, 2014) Gedalia sued on behalf of a putative class of people who bought Whole Foods’s private-label 365 Organic and 365 Everyday Value products allegedly … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

TM, advertising claims excluded from LivingSocial’s arbitration agreement

Posted on October 27, 2014 by

Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts.  ATYS is a cleaning service in San Diego.  LivingSocial is … Continue reading →

Posted in contracts, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment