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Recent Posts
- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
- court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case
- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
- Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case
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Monthly Archives: October 2016
Disparaging an unauthorized reseller could violate the Lanham Act
Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental Brands buys Dentsply’s products … Continue reading
Study’s co-author disclaiming its use creates material issue on falsity
Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., 2016 WL 6275156, No. 13-12553 (D. Mass. Oct. 25, 2016) Previous opinion discussed here. The parties compete in the market for products used for bowel preparation before colonoscopies. Ferring alleged false advertising in … Continue reading
Direct, secondary liability under Lanham Act for statements targeted at foreign markets
Operation Technology, Inc. v. Cyme International T & D Inc., No. SACV 14-00999, 2016 WL 6246806 (C.D. Cal. Mar. 31, 2016) Plaintiff (ETAP) alleged that defendants (CYME, IPET-CO, and Amir Aslani) violated the Lanham Act via pseudononymous, disparaging remarks made … Continue reading
Republication of online articles was commercial speech and not protected by CDA
Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging. The sugar industry and the corn refining industry accused each other of falsely advertising high-fructose corn syrup (HFCS). Plaintiffs were … Continue reading
Third party lacked standing to challenge allegedly misleading use of abandoned mark
578539 B.C., Ltd. v. Kortz, 2014 WL 12572679, No. CV 14-04375 (C.D. Cal. Oct. 16, 2014) Westlaw is doing something to surface all sorts of old cases, but this one covers an issue about abandoned marks that often comes up … Continue reading
Press release constituted commercial advertising or promotion
Engineered Arresting Sys. Corp. v. Runway Safe LLC, No. 1:15-CV-546, 2016 WL 6087906 (W.D. Tex. Sept. 19, 2016) Engineered materials arrestor systems (EMAS) are installed at the end of airport runways in order to safely stop an aircraft that fails … Continue reading
At the USPTO Trademark Expo
Well, here I am at the National Trademark Expo Here is a giant registration symbol character costume Musical pairing, which seems really really functional to be at a TM expo, but emphasizes its patents, copyrights, and word marks Metrorail Map … Continue reading
Package size can be false advertising
In Re: Mccormick & Company, Inc., Pepper Products Marketing & Sales Practices Litigation, 2016 WL 6078250, No. 15-cv-2188 (D.D.C. Oct. 17, 2016) Watkins, which produces black pepper, alleges that its largest competitor, defendant McCormick (which has 70% of domestic black … Continue reading
Rebecca Tushnet 