Monthly Archives: January 2016

Beware of Greeks bearing yogurt claims

Posted on January 30, 2016 by rtushnet

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 →

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It’s all Greek to me: chlorine claims over yogurt enjoined

Posted on January 29, 2016 by rtushnet

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 →

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USPTO white paper on remix, first sale, and statutory damages

Posted on January 28, 2016 by rtushnet

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 →

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Lexmark gives some non-TM owners standing to sue for infringement

Posted on January 26, 2016 by rtushnet

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 →

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Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

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Showing irreparable harm isn’t easy

Posted on January 25, 2016 by rtushnet

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 →

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NYT throws hissy-fit, sues over use of thumbnails in critical book

Posted on January 25, 2016 by rtushnet

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 →

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My Other Bag seeks fees from TM bully LV

Posted on January 25, 2016 by rtushnet

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

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reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

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 →

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NY has jurisdiction over out-of-state processor for alleged magazine scammer

Posted on January 21, 2016 by rtushnet

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 →

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