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- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
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- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
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Monthly Archives: November 2016
New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading
New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading
Reading List: Legal Amateurism
Legal Amateurism, Annelise Riles Abstract: Academics in the humanities and social sciences have often remarked upon the “amateuristic” quality of the analytical tools used by legal scholars. Rather than dismiss this quality out of hand, this paper approaches “legal amateurism” … Continue reading
ABA Blawg 100/Hall of Fame
I’ve made the ABA Blawg Hall of Fame, as well as the Blawg 100, which is very nice. I believe it’s in part a reward for persistence, as I’ve been at this since 2003 (though I only got serious in … Continue reading
TM question of the day, high heel edition
We know that Louboutin’s red sole mark is only valid as applied to shoes with contrasting uppers. So, do these shoes infringe? (In case it’s hard to tell, I’d describe the sole color as a fairly bright pink.) Do they … Continue reading
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Tagged high heel edition dilution, TM question of the day, trademark
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Breakfast break: energy claims not misleading by US standards
Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”: The … Continue reading
Fourth Circuit rejects attempt to control references to expert services with IP
File under “we need a federal anti-SLAPP law.” Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, — Fed.Appx. —- (4th Cir. Nov. 22, 2016) John W. Toothman is a lawyer and the founder of Devil’s … Continue reading
Court tentatively holds that NY’s GBL covers damage via personal injury
Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading
Pro tip: don’t refer to delayed TM claim as “lottery ticket”
Dropbox secured a rare laches ruling based in significant part on internal discussions by the other claimant to “dropbox” about how delaying a claim until after Dropbox’s IPO would increase the payout. Via DuetsBlog. from Blogger http://ift.tt/2geplUQ
Truthful report about injunction not misleading, even if injunction shouldn’t have been issued
Peek v. Whittaker, 2016 WL 6806265, No. 13-cv-1188 (W.D. Pa. Nov. 17, 2016) The parties, floor care businesses, are in a litigation deathmatch; this case is a follow-on to a state court lawsuit. Whittaker sold carpet cleaning machines and fluids … Continue reading
Rebecca Tushnet 