Monthly Archives: October 2016

Copyright Office Ringer Fellow Opportunities

From the Copyright Office: The Copyright Office’s Barbara A. Ringer Copyright Honors Program is an eighteen to twenty-four month paid fellowship designed for attorneys in the early stages of their career with a dedicated interest in copyright law.  During this … Continue reading

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biased survey dooms “ask your doctor” ad campaign for 5-Hour Energy

Washington v. Living Essentials, LLC, NO. 14-2-19684-9 (King County Super. Ct. Oct. 10, 2016) The state sued Living Essentials seeking injunctive and declaratory relief under Washington’s Consumer Protection Act.  While the court found that some of the challenged 5-Hour Energy … Continue reading

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court says product reformulation might be deceptive if survey supports claim

Nutrition Distribution LLC v. Driven Sports, 2015 WL 12645002, No. LA CV13-06195  (C.D. Cal. Jan. 15, 2015) Nutrition sued defendants over their sales of a nutrition supplement product called “Craze.” In July 2013, defendants discontinued the sale of the initial … Continue reading

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Dual use of same mark on customized Jeeps not confusing, court rules

Moab Indus. v. FCA US, LLC, No. 3:12-cv-8247, 2016 WL 5859700 (D. Ariz. Oct. 6, 2016) Moab sued FCA, aka Chrysler, for trademark infringement (via reverse confusion) and state-law dilution based on Chrysler’s use of MOAB on a limited edition … Continue reading

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Court deems Uber’s safety claims to be puffery

XYZ Two Way Radio Service v. Uber Technologies, Inc., No. 15-cv-3015 (E.D.N.Y. Sept. 30, 2016) Two black-car companies sued Uber for false advertising, false association, and tortious interference with contractual relations between them and their drivers. The court rejected all … Continue reading

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Peter Jaszi lecture and festschrift upcoming at AU WCL, Nov. 17 and 18

Link to Lecture Link to Festschrift Event I’ll be participating in the latter. from Blogger http://ift.tt/2d4F4qW

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Trademark pun of the day

Seen at the local coffee shop.  “A Tribe Called FloydFest” coffee.  Apparently it was a theme at this year’s FloydFest in Virginia. from Blogger http://ift.tt/2ebECYQ

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Straightforward deference to FTC substantiation rules dooms gray hair treatment

Federal Trade Commission v. COORGA Nutraceuticals Corp., — F.Supp.3d —- , 2016 WL 4472994, No. 15-CV-0072 (D. Wyo. Aug. 15, 2016) The FTC sued COORGA over its claims that its Grey Defence product reversed/prevented gray hair and that there was … Continue reading

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membership in swingers club not (yet) disclosed in Lanham Act case

Edmondson v. Velvet Lifestyles, LLC, No. 15-24442-CIV, 2016 WL 5682591 (S.D. Fla. Oct. 3, 2016) I don’t get to blog discovery disputes often; that this one is unresolved is frustrating, but the court asks useful questions.  “May Plaintiffs pursuing a … Continue reading

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misbranding is still a thing despite First Amendment, court rules

United States v. Vascular Solutions, Inc., No. SA-14-CR-926, — F.Supp.3d —-, 2016 WL 5475999 (W.D. Tex. Jan. 27, 2016) Defendants sell a medical device which permanently closes varicose veins using a laser, allowing healthier veins to move blood.  The device … Continue reading

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