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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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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
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
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
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
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
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
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
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
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
Rebecca Tushnet 