Monthly Archives: April 2016

Two right of publicity possibilities in the news

Corvette: Baby, that was much too fast. 1958-2016 How well would this ad fare if challenged under Jordan v. Jewel? It does inherently promote the Corvette brand, it seems to me. Mexican food so authentic Donald Trump would build a … Continue reading

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Cal. court sensibly rejects Fourth Circuit’s GNC rule on consumer protection claims

Mullins v. Premier Nutrition Corp., 2016 WL 1534784, No. 13-cv-01271 (N.D. Cal. Apr. 15, 2016) This case revisits an issue with which courts have struggled: when consumer plaintiffs plead that a product advertised as clinically proven isn’t, is that a … Continue reading

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Flagging supplement case revived

ThermoLife Intern., LLC v. Gaspari Nutrition Inc., — Fed.Appx. —-, 2016 WL 1460171, No. 14–15180 (9th Cir.  Apr. 14, 2016)   ThermoLife sued Gaspari (GNI) false advertising under the Lanham Act and unfair competition under Arizona common law, based on … Continue reading

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When is confusion unlikely for purposes of a motion to dismiss?

Nutter’s IP Law Bulletin covers Southgate v. Soundspark, Inc., No. 14-CV-13861-ADB, 2016 WL 1268253 (D. Mass. Mar. 31, 2016), in which the court found confusion implausible on the pleadings based on a description of the parties’ businesses.  Although Southgate had … Continue reading

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District court still rejects contribution/contributory false advertising for supplier

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2016 WL 1579195 (E.D. Mo. Apr. 19, 2016)   Previous ruling on ad agency’s potential liability for helping create allegedly false ads.  Blue Buffalo also sought contribution from … Continue reading

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All transformative from here: 2013 case about music in reality film

Threshold Media Corp. v. Relativity Media, LLC, No. CV 10-09318, 2013 WL 11287701 (C.D. Cal. Mar. 15, 2013)   Older case that just popped up in my Westclip search; blogging because it’s still interesting after three years.  Threshold sued Relativity … Continue reading

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Minimal pleading of responsibility suffices to evade 230 dismissal

Congoo, LLC v. Revcontent LLC, 2016 WL 1547171, No. 16-401 (D.N.J. Apr. 15, 2016)   The parties compete in the market for native advertising.  Congoo alleged that Revcontent caused false/misleading native advertising to be published.  Revcontent asserted §230 immunity.  The … Continue reading

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