Monthly Archives: January 2017

Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim

In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Food & Drug Law Institute writing competition

Thomas Austern Writing Competition:   The H. Thomas Austern Writing Competition is intended to encourage law student interest in the areas of law that affect food, drugs, biologics, cosmetics, dietary supplements, medical devices, and tobacco. Top papers will be considered for publication … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Identifying Boundaries in Patent and Trademark Law.

The American University Law Review is proud to present its annual Federal Circuit symposium,  Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine Farley, American University Washington … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

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

Posted in Uncategorized | Tagged , | Leave a comment

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

Posted in Uncategorized | Tagged , , | Leave a comment

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

Posted in Uncategorized | Tagged , | Leave a comment

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

Posted in Uncategorized | Tagged , , | Leave a comment