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Monthly Archives: August 2015
No winner in Cablevision v. Verizon
Cablevision Systems Corp. v. Verizon New York Inc., — F.Supp.3d —-, 2015 WL 4758072, No. 15–CV–456 (E.D.N.Y. Aug. 7, 2015) (magistrate judge) Cablevision and Verizon sought to enjoin each other’s comparative ads; the court denied both cross-motions for preliminary … Continue reading
Reading list: Kate Crawford and Tarleton Gillespie
Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading
Reading list: Kate Crawford and Tarleton Gillespie
Rebecca Tushnet, What is a Theorist For? The Recruitment of Users into Online Governance, JOTWELL (August 14, 2015) (reviewing Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media … Continue reading
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Pure mourning: Pom fails to get preliminary injunction again
Pom Wonderful LLC v. Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015) Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading
11th Circuit recognizes contributory false advertising theory
Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015) Plaintiff DFA operates duty free stores in many international airports nationwide. It sued Estée Lauder, arguing … Continue reading
Pure mourning: Pom fails to get preliminary injunction again
Pom Wonderful LLC v. Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015) Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading
11th Circuit recognizes contributory false advertising theory
Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015) Plaintiff DFA operates duty free stores in many international airports nationwide. It sued Estée Lauder, arguing … Continue reading
Noncommercial speaker can’t get fees for successfully defending Lanham Act claim
Tobinick v. Novella, 2015 WL 4698549, NO. 9:14–CV–80781 (S.D. Fla. Aug. 6, 2015) The defendant Society for Science–Based Medicine, Inc., which won dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion. … Continue reading
Be very afraid: another court refuses to find irreparable harm despite confusion
Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015) Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading
Noncommercial speaker can’t get fees for successfully defending Lanham Act claim
Tobinick v. Novella, 2015 WL 4698549, NO. 9:14–CV–80781 (S.D. Fla. Aug. 6, 2015) The defendant Society for Science–Based Medicine, Inc., whichwon dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion. The … Continue reading
