Monthly Archives: December 2016

Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Does this image evoke the Starbucks logo?

Circles and colors and coffee: is that enough for dilution?   from Blogger http://ift.tt/2i2CJyt

Posted in Uncategorized | Tagged , | Leave a comment

Hamilton, the gift that keeps on giving …

Apparently this shirt is available at Ash Lawn, Monroe’s home.  I desperately want one: Young man I’m from Virginia, so watch your mouth Too short a phrase for copyright? from Blogger http://ift.tt/2hjUJot

Posted in Uncategorized | Tagged , , | Leave a comment

MOB receives early Xmas present: 2d Circuit affirms LV’s loss

Louis Vuitton Malletier S.A. v. My Other Bag, Inc., 16-241-cv (2d. Cir. Dec. 22, 2016) Contrary to my expectations for the Second Circuit, this is a quick summary affirmance—testament to Judge Furman’s careful reasoning below (which one would hope supports … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Update on my suit against ICE

Today my lawyer Michael Kirkpatrick had oral argument before Judge Cooper of the DDC.  One of the highlights, for me, was the government’s lawyer’s concession that he couldn’t imagine a situation in which “Yankees Suck” would be counterfeit or infringing. … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

kefir confusion: court finds definition of little-known product to be up for grabs

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336722, — F. Supp. 3d – (C.D. Cal. Nov. 17, 2016) Before the case was dismissed on statute of limitations/laches grounds, the court denied a preliminary injunction. Lifeway … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Court finds Lanham Act laches on the pleadings given p’s delay

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment