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Monthly Archives: January 2016
Beware of Greeks bearing yogurt claims
General Mills, Inc. v. Chobani, LLC, No. 16-CV-58 (N.D.N.Y. Jan. 29, 2016) GM also sued Chobani, and received an almost identical preliminary injunction, accompanied by an almost identical opinion, as that in Dannon’s case, reported earlier. Yoplait Greek 100 was … Continue reading
It’s all Greek to me: chlorine claims over yogurt enjoined
Chobani, LLC v. Dannon Co., No. 16-CV-30 (N.D.N.Y. Jan. 29, 2016) Chobani sued for a declaratory judgment that it wasn’t falsely advertising about Dannon; Dannon immediately filed its answer and counterclaims, and the court a bit over two weeks later … Continue reading
USPTO white paper on remix, first sale, and statutory damages
Here. No love for an exception for noncommercial user-generated content (Canada’s YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW’s contributions. What is a bit aggravating is the apparent … Continue reading
Lexmark gives some non-TM owners standing to sue for infringement
Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016) This long-lived dispute goes another round of various motions in limine. Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising. Here, … Continue reading
Showing irreparable harm isn’t easy
Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge) Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements. Defendant Axcess is the exclusive … Continue reading
NYT throws hissy-fit, sues over use of thumbnails in critical book
David Shields recently published War Is Beautiful: The New York Times Pictorial Guide to the Glamour of Armed Conflict. The argument of the book is that the images chosen by the Times to decorate its front pages glamorize and glorify … Continue reading
My Other Bag seeks fees from TM bully LV
Public Citizen supports My Other Bag in its motion for attorneys’ fees against fashionable trademark bully Louis Vuitton. As usual, cogent and vigorous argument. from Blogger http://ift.tt/1KzZRIE
Posted in Uncategorized
Tagged fees, My Other Bag seeks fees from TM bully LV dilution, trademark
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reverse passing off still actionable as false advertising, court reminds us
OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading
NY has jurisdiction over out-of-state processor for alleged magazine scammer
People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015) The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here. Respondents send official-looking solicitations that allegedly misled … Continue reading
