Monthly Archives: June 2016

False endorsement claims based on resale fail

Posted on June 20, 2016 by rtushnet

Hart v. Amazon.com, Inc., 2016 WL 3360639, No. 15 C 01217 (N.D. Ill. Jun. 13, 2016) What is the difference between a plausible and implausible allegation of likely confusion over endorsement?  Beats me!  Here, Hart’s pro se complaint alleged that … Continue reading →

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Using generic art that may evoke plaintiff is fair

Posted on June 20, 2016 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc, 2016 WL 3282197, No. 11-5052 (D.S.D. Jun. 10, 2016) This case has occasionally shown up in my Westclip, but this time I’m writing about it because the court set forth … Continue reading →

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Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

Posted on June 20, 2016 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016)   Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”  The USDA … Continue reading →

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Fellowship opportunity: Science, tech, and law

Posted on June 17, 2016 by rtushnet

For people with PhDs and an interest: the American Association for the Advancement of Science Science & Technology Policy Fellowships (STPF) is committed to actively recruiting competitive applicants to the Judicial Fellowship. An August 29 webinar will focus specifically on … Continue reading →

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Functionality: it’s in the bag

Posted on June 16, 2016 by rtushnet

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 12-cv-5541 (S.D.N.Y. Jun. 14, 2016)   Following up from previous post on an earlier ruling. (Thanks to an eagle-eyed correspondent who probably knows way more than anyone else wants to know about … Continue reading →

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A dog’s breakfast of false advertising counterclaims

Posted on June 15, 2016 by rtushnet

Blue Buffalo Co. v. Nestlé Purina Petcare Co., No. 4:15 CV 384, 2016 WL 3227676 (E.D. Mo. Jun. 13, 2016)   Blue Buffalo sued Purina for false advertising; Purina counterclaimed.  On a motion to dismiss the counterclaims, the court got … Continue reading →

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Best title of the year candidate

Posted on June 15, 2016 by rtushnet

Questions about Google autocompl, via Siva Vaidhyanathan. from Blogger http://ift.tt/1Q4lR6F

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Political party bars use of name and logo by dissidents

Posted on June 14, 2016 by rtushnet

HT Eric Goldman. This is one of those cases that seems to be an extreme outlier, but then again see United We Stand America v. United We Stand America, New York, applying the Lanham Act to similar but perhaps more … Continue reading →

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Commercial speech: strategic issues

Posted on June 13, 2016 by rtushnet

Strategic Issues:  What questions are we asking now? Where is the law going?   Moderator:  Timothy L. Alger, Greenberg Traurig LLP: In today’s economy, what isn’t an ad?  Is the death of the commercial/noncommercial distinction inevitable?   A: depends on … Continue reading →

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Brand journalism: sponsored content/the 1A

Posted on June 13, 2016 by rtushnet

Brand Journalism, Sponsored Content and the First Amendment   Moderator:   Scott Dailard, Cooley LLP   Mary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices: We’re going to proceed as if there is a commercial/noncommercial divide.  To hold … Continue reading →

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