Monthly Archives: December 2015

Puerto Rico registration can’t constitutionally extend elsewhere

Posted on December 17, 2015 by rtushnet

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading →

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California false advertising requires “advertising,” but unfair competition doesn’t

Posted on December 15, 2015 by rtushnet

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading →

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Transformative work of the day, Omelas edition

Posted on December 14, 2015 by rtushnet

I know I do a lot of these from The Toast, but that’s kind of their thing. from Blogger http://ift.tt/1RO20Xv

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Soliciting lawsuits against TM owner isn’t confusing use of TM owner’s mark

Posted on December 14, 2015 by rtushnet

AMCOL Sys., Inc. v. Lemberg Law, LLC, No. 3:15-3422, 2015 WL 8493955 (D.S.C. Dec. 10, 2015)   AMCOL provides debt collection services and is subject to the Fair Debt Collection Practices Act (FDCPA)’s ban on “harassment” in debt collection. AMCOL … Continue reading →

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Reading list: Redskins as insult and brand

Posted on December 12, 2015 by rtushnet

C. Richard King, Redskins: Insult and Brand (2016) Passionate, if somewhat repetitive (as perhaps all moral calls to action are), argument about the poisonous nature of the Washington football team’s name. King argues that the name isn’t just about insulting … Continue reading →

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Reading list: empirically testing tarnishment of movies

Posted on December 9, 2015 by rtushnet

Christopher Buccafusco, Paul J. Heald, & Wen Bu, Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works:   This Article [reports] the results of two novel experiments designed to test the effects … Continue reading →

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6th Circuit holds that targeted ads are commercial advertising or promotion

Posted on December 8, 2015 by rtushnet

Grubbs v. Sheakley Gp., Inc., 2015 WL 7964109, — F.3d – (6th Cir. Dec. 7, 2015)   District court’s ruling covered here (with my raised eyebrow).  The court of appeals affirms the dismissal of the RICO claims (they’re RICO claims), … Continue reading →

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California claims against false use of “organic” not preempted

Posted on December 7, 2015 by rtushnet

Quesada v. Herb Thyme Farms, Inc., 2015 WL 7770635, No. S216305 (Cal. S.Ct. Dec. 3, 2015)   Labels matter to consumers, and misrepresentations on labels hurt consumers in their search for information and also disadvantage honest producers attempting to differentiate … Continue reading →

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is “this video has been removed for violating the ToS” commercial advertising?

Posted on December 7, 2015 by rtushnet

Darnaa, LLC v. Google, Inc., 2015 WL 7753406, No. 15-cv-03221 (N.D. Cal. Dec. 2, 2015)   Darnaa posted a music video, Cowgirl, to YouTube.  At one point, YouTube removed the video from its original location, later reposting it at a … Continue reading →

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Court mashes up Dastar and commercial speech doctrine to protect book from Lanham Act

Posted on December 7, 2015 by rtushnet

Keel v. Axelrod, No. 15-1507, 2015 WL 7733973 (E.D. Pa. Dec. 1, 2015)   Political operative David Axelrod wrote a book, Believer: My Forty Years in Politics. Frank Keel, a political and media consultant, sued under state and federal law … Continue reading →

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