Monthly Archives: February 2015

230 defeats false advertising claim against search engines

Posted on February 3, 2015 by rtushnet

Baldino’s Lock & Key Service, Inc. v. Google, Inc., No. 1:14-cv-00636 (E.D. Va. Jan. 27, 2015)   Defendants Yellowbook and Ziplocal provide online search engines for businesses, allowing search by type of service and geographic area.  Baldino’s is a Washington … Continue reading →

Posted in 230, google, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Pom squad at the DC Circuit

Posted on February 2, 2015 by rtushnet

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015)   POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the … Continue reading →

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

Laches bars Fitbug’s TM claim against Fitbit

Posted on February 2, 2015 by rtushnet

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 350923, No. 13-1418 (N.D. Cal. Jan. 26, 2015)   Fitbit and Fitbug both make wearable electronic fitness tracking devices that connect to the internet and to other devices. They both have federal registrations. … Continue reading →

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

Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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

failure to conform exclusion precludes insurance coverage of false advertising

Posted on February 2, 2015 by rtushnet

General Star Indem. Co. v. Driven Sports, Inc., — F.Supp.3d —-, 2015 WL 307017, No. 14–CV–3579 (E.D.N.Y. Jan. 23, 2015)   General Star issued an insurance policy to Driven, which sold a “pre-workout energy supplement” called “Craze.” Driven was sued … Continue reading →

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