Monthly Archives: March 2016

Smokeless, no fire: tobacco advertising & TM claims dismissed

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?

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

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

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

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

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

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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