Monthly Archives: March 2016

Smokeless, no fire: tobacco advertising & TM claims dismissed

Posted on March 29, 2016 by rtushnet

VMR Products, LLC v. V2H ApS, 2016 WL 1177834, No. 2:13–cv–7719 (C.D. Cal. Mar. 18, 2016)   VMR makes electronic cigarettes under the federally registered trademarks V2CIGS and V2. V2H ApS is a Danish tobacco company that makes a smokeless … Continue reading →

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Bar review question: is this false advertising?

Posted on March 28, 2016 by rtushnet

Themis Bar Review, LLC v. Kaplan, Inc., 2016 WL 1162624, No. 14-cv-00208 (S.D. Cal. Mar. 24, 2016)   Themis, a relative newcomer to the bar review business, advertised its students’ bar passage rates; a 2013 ad listed passage rates for … Continue reading →

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Foreign marks may be protected in the US under 43(a), Fourth Circuit rules

Posted on March 25, 2016 by rtushnet

Belmora LLC v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. Mar. 23, 2016)   Disclosure: I worked on the brief for Belmora, the loser in this appeal.    Bayer (BCC) registered FLANAX in Mexico for pharmaceutical products, analgesics, and … Continue reading →

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Amicus brief in Fox v. TVEyes appeal

Posted on March 24, 2016 by rtushnet

Arguing that TVEyes’ database and its functions are fair use.  Thanks to the signers, especially Chris Sprigman, & I’m also grateful for the last-minute help of Michael Levy, for when I discovered that being an e-filer in the Second Circuit … Continue reading →

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Inconclusive investigation isn’t enough to give knowledge for contributory TM infringement purposes

Posted on March 23, 2016 by rtushnet

Spy Phone Labs LLC v. Google Inc., No. 15-cv-03756-PSG, 2016 BL 86393 (N.D. Cal. Mar. 21, 2016)   SPL registered Spy Phone as a mark (for something, I presume), and submitted its Android app, SPY PHONE Phone Tracker, to Google.  … Continue reading →

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What’s in a name? A false advertising suit against a generic drug maker

Posted on March 23, 2016 by rtushnet

Endo Pharmaceuticals, Inc. v. Actavis, Inc., 2016 WL 1090356, No. 12-cv-7591 (D.N.J. Mar. 21, 2016)   Endo sued Actavis under federal and state law for allegedly falsely marketing a generic form of oxymorphone hydrochloride extended-release tablets. The court got rid … Continue reading →

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Another poster child for a national anti-SLAPP law: dilution claims against a critic

Posted on March 23, 2016 by rtushnet

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016)   Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as … Continue reading →

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One Haas impersonating another is TM infringement, false advertising

Posted on March 21, 2016 by rtushnet

Haas Door Co. v. Haas Garage Door Co., No. 3:13 CV 2507, 2016 WL 1047242 (N.D. Ohio Mar. 16, 2016)   A family-owned business split, and split a trademark, and then things went bad.   Founded in 1953, Haas Door … Continue reading →

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Porn site’s use of TMs in metatags not confusing

Posted on March 21, 2016 by rtushnet

Multifab, Inc. v. ArlanaGreen.com, 122 F. Supp. 3d 1055 (E.D. Wash. 2015)   Plaintiff made commercial industrial components and equipment, and used the name “Multifab” for at least 25 years.  It has the multifabinc.com domain name. ArlanaGreen.com features pornographic images … Continue reading →

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A generic post about trademark overclaiming

Posted on March 17, 2016 by rtushnet

Miller’s Ale House, Inc. v. DCCM Restaurant Group, LLC, 2016 WL 1040005, No: 6:15-cv-1109-Orl-22TBS (M.D. Fla. Mar. 16, 2016)   Miller sued DCCM for false designation of origin/unfair competition under state and federal law. Miller’s operates approximately seventy sports bar … Continue reading →

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