Monthly Archives: November 2015

Trademark Law’s Fundamental Purposes at BU

IP Conversations:  Trademark Law’s Fundamental Purposes, Boston University School of Law   The debate over normative foundations:  Mark McKenna: up until the 1920s-40s, courts uniformly understood that unfair competition was about trade diversion, illegitimately getting business that should have gone … Continue reading

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Statement isn’t literally false when plaintiff can’t definitely be identified from it

Service Jewelry Repair, Inc. v. Cumulus Broadcasting, LLC, 2015 WL 7112334, No. 14–cv–1901 (M.D. Tenn. Nov. 13, 2015)   Service Jewelry provides jewelry sales and services; from 2010-2014, it promoted its products on a local radio station, WWTN-FM, by buying … Continue reading

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UK ASA rejects “#sp” as insufficient to show editorial control over endorser

From a ruling on a sponsored Instagram post for Britvic soft drinks: We considered consumers needed to be aware that they were viewing marketing content prior to engagement, meaning that they should know that they were selecting an ad to … Continue reading

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Trademark question of the day, Hamilton edition

Yes, this is a Hamilton blog for the foreseeable future.  As they say, sorry not sorry.  Last night, Bernie Sanders sent me this email: Fellow Hamiltunes fans (many of whom are almost certainly in Sanders’ target demographic, like me) will … Continue reading

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Manufacturer not liable for distributor’s false ads

GOJO Industries, Inc. v. Innovative Biodefense, Inc., 2015 WL 7019836, No. 15 Civ. 2946 (S.D.N.Y. Nov. 12, 2015)   Defendant IBD moved for a preliminary injunction against GOJO and nonparty distributors of GOJO products barring them from making representations that … Continue reading

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Christmas in November: No TRO for alleged false advertising because no showing of irreparable harm

Balsam Brands Inc. v. Cinmar, LLC, 2015 WL 7015417, No. 15-cv-04829 (N.D. Cal. Nov. 12, 2015)   Balsam sought a TRO based on claimed patent rights in an invertible artificial Christmas tree, the “Flip Tree,” that includes a “pivot joint” … Continue reading

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Up stone creek without a paddle: Dawn Donut precludes relief for distant plaintiff

Stone Creek Inc. v. Omnia Italian Design Inc., 2015 WL 6865704, No. CV-13-00688 (D. Az. Nov. 9, 2015)   Stone Creek makes and sells furniture in Arizona, operating only out of Phoenix, except for a short-lived 2004-2008 expansion to Dallas, … Continue reading

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FTC is entitled to presumption of reliance in enforcing consent order

FTC v. BlueHippo Funding, LLC, No. 1:08-cv-01819 (S.D.N.Y. Nov. 6, 2015)   BlueHippo stipulated to a final judgment and permanent injunction against certain sales practices.  The FTC moved for a contempt finding based on the practices described below, which was … Continue reading

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Why we need an anti-SLAPP law: skeptic’s articles still not commercial speech

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 6777458 (S.D. Fla. Sept. 30, 2015)   This case is a good example of the need for a federal anti-SLAPP statute.  Although many claims have been dismissed, the court here finally resolved Lanham … Continue reading

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Instant lack of gratification: coffee class certified

Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal of this class action case was resoundingly reversed, the case returned and was here certified by a new … Continue reading

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