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Recent Posts
- court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?
- Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery
- Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims
- false advertising’s injury requirement causes reverse passing off claim to fail
- laches, once established, bars Lanham Act claims even during more recent periods
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Meta
Monthly Archives: January 2017
If you don’t like low-cost imitator brands, you’ll love this decision
Moroccanoil, Inc. v. Zotos Int’l, Inc., 2017 WL 319309, — F. Supp. 3d –, No. 16-7004 (C.D. Cal. filed Jan. 19, 2017) The court granted a preliminary injunction in this trademark case, using the “serious questions going to the merits” … Continue reading
What’s in the box? Not a valid agreement to arbitrate!
Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading
Are you being served? Omission claim based on “virtualized” server survives
Schellenbach v. GoDaddy.com LLC, 2017 WL 192920, No. CV-16-00746 (D. Ariz. Jan. 18, 2017) In 2014, GoDaddy issued a press release titled “GoDaddy Launches New Dedicated and VPS Servers with Added Support for Designers and Developers.” Plaintiffs are website designers … Continue reading
Pipe dreams: expert spokesperson liable for false statements about competing product
Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe. Previous case … Continue reading
Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers
Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here. The parties compete in the market for wire mesh used to make … Continue reading
National Constitution Center Podcast on Tam
Deborah Gerhardt, Ilya Shapiro, and I discuss Tam. http://ift.tt/2jRxGz1? The podcast can be found at the National Constitution Center’s website, as well as on iTunes and other platforms. from Blogger http://ift.tt/2jDCued
Seen around town: transformative works of the day, inauguration edition.
Seen on my way back from the Tam oral argument: Activist Comics from Blogger http://ift.tt/2jsp9CW
Lee v. Tam post-argument
Lee v. Tam My thoughts on observing the argument: I was surprised how much attention the Justices paid to the copyright comparison. The SG centered his response around the idea that copyright is historically a mechanism to stimulate expression, while … Continue reading
video of Evil Twin debate on Tam
Available here. Tomorrow I’ll have my third NPR interview on Tam; interest seems quite high. from Blogger http://ift.tt/2j5ao7O
Rebecca Tushnet 