Monthly Archives: September 2016

Speech in study would be commercial if knowingly false, court rules

Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530,  No. 14cv1191 (S.D. Cal. Sept. 21, 2016) CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the CrossFit trademark and other intellectual property … Continue reading

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FTC wins second appellate victory over 230 defense

FTC v. LeadClick Media, LLC, 15‐1009‐cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of affiliates/publishers to advertise the … Continue reading

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43(a) question of the day

Actors who played doctors on TV evoke their roles for Cigna ad:  any false endorsement implications for Cigna? Tagline: “They’ve saved lives on TV, but now they’re helping save lives for real by teaming up with Cigna to encourage America … Continue reading

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Advertising question of the day

Does the following pose any advertising issues?  Does it matter whether the business sells non-organic food? Thanks to James Grimmelmann for the photo. from Blogger http://ift.tt/2cOICPs

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“unique” and “innovative” are puffery

LoggerHead Tools, LLC v. Sears Holdings Corp., 2016 WL 5080028, No. 12-cv-9033 (N.D. Ill. Sept. 20, 2016) LoggerHead sued Sears under the Lanham Act and Illinois state law for false advertising; the court granted summary judgment to Sears.  LoggerHead sells … Continue reading

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How does race affect copyrightable expression?

Fulks v. Knowles-Carter, No. 16-Civ-4278 (S.D.N.Y. Sept. 12, 2016), contains an interesting bit about race and copyrightable expression: [P]laintiff argues that the “race of the characters in the [Film] is irrelevant to the total concept and feel of a film … Continue reading

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Packaging trade dress needs specific design, not just color, to be inherently distinctive

Forney Industries, Inc. v. Daco of Missouri, Inc., — F.3d —-, 2016 WL 4501941 (10th Cir.. Aug. 29, 2016) Forney makes retail metalworking parts and accessories and claimed a protected trade dress in the coloration of its packaging, described as: … Continue reading

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Using photos of competitor’s product confers statutory Lanham Act standing on competitor

Joseph Paul Corp. v. Trademark Custom Homes, Inc., 2016 WL 4944370, No. 3:16-CV-1651 (N.D. Tex. Sept. 16, 2016) JP Homes sued Trademark, its principal, and homeowners for alleged violations of the Lanham Act and copyright infringement.  JP Homes alleged that … Continue reading

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Celebrity spokesperson isn’t directly liable under California consumer protection law

Luman v. Theismann, 647 Fed.Appx. 804 (9th Cir. 2016) Plaintiffs sued NAC Marketing Company and Joe Theismann for their advertising statements about NAC’s Super Beta Prostate product, bringing warranty claims as well as the usual California statutory claims.  Because one … Continue reading

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No duty to disclose child labor production in California, court rules

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016  (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic … Continue reading

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