Monthly Archives: December 2016

Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution.  Kibler has performed and released several … Continue reading

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Can bait & switch cause actionable harm even though the consumer knows the price at checkout?

Veera v. Banana Republic, LLC, — Cal.Rptr.3d —-, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch scheme by Banana Republic, … Continue reading

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Trademark/(c)/ROP question of the day, Stephen King edition

This is a book bag.  Get it?  I wish it were a little bigger, but boy does it look nice.  What’s the appropriate rights analysis? from Blogger http://ift.tt/2hE68fH

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Falsely claiming TM ownership isn’t false advertising, court rules

Dille Family Trust v. Nowlan Family Trust, No. 15-6231, 2016 WL 7202073 (E.D. Pa. Apr. 21, 2016) There’s a pattern in the ED Pa where they put all the legal analysis in a big footnote in the order granting a … Continue reading

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Second Circuit will trust FDA on drug facts, not on misleadingness

Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmBH, 2016 WL 7131177, No. 15-2411, — F.3d – (2d Cir. 2016) (as amended on denial of reh’g Dec. 5, 2016) Original opinion discussed here; the court amended the opinion … Continue reading

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Exposure to false advertising doesn’t create Article III standing

Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Defendants include five internet … Continue reading

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When does a false advertising case create a right to a jury trial?

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., — F.Supp.3d —-, 2016 WL 7223279, No. 13–12553 (D. Mass. Dec. 13, 2016) The parties compete for the market in products used for bowel preparation before colonoscopies, and each alleged that the other … Continue reading

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Business betrayal isn’t false advertising, could be TM infringement

Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading

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Announcing the Open Source Property Casebook

Straight from Jeremy Sheff: On behalf of myself and my co-authors (Steve Clowney, James Grimmelmann, Mike Grynberg, and Rebecca Tushnet), I am pleased to announce the immediate availability of Open-Source Property, a completely free casebook for the 1L Property Law course. We would like to ask … Continue reading

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Reading list: why search engines shouldn’t implement the right to be forgotten

Note structural similarity to arguments about copyright takedown notices. Stuart Hargreaves, The Trouble with Using Search Engines as the Primary Vector of Exercising the Right to Be Forgotten, [2016] 19 Pandora’s Box 83-106 Abstract:      European privacy law currently implements the … Continue reading

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