Monthly Archives: March 2017

False advertising of sperm donor leads to wrongful birth claim

Posted on March 29, 2017 by rtushnet

Doe 1 v. Xytex Corp., No. C 16-02935, 2017 WL 1112996 (N.D. Cal. Mar. 24, 2017)| A false advertising case arising out of a wrongful birth claim: Does One and Two used xytex.com, which sold human semen for use in … Continue reading →

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Dastar/preemption bars claims based on allegedly false claims of credit for innovation

Posted on March 24, 2017 by rtushnet

OptoLum, Inc. v. Cree, Inc., No. CV-16-03828, 2017 WL 1057924 (D. Ariz. Mar. 21, 2017) The parties compete in the market for LED lights. OptoLum claims to be the inventor of technology used inside LED bulbs allowing them to have … Continue reading →

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Nursing homes’ claims are puffery

Posted on March 24, 2017 by rtushnet

Commonwealth of Pennsylvania v. Golden Gate National Senior Care LLC, No. 336 M.D. 2015, — A.3d —-, 2017 WL 1075535 (Comm. Ct. Pa. Mar. 22, 2017) Golden Gate manages and operates 36 skilled nursing facilities in Pennsylvania.  The Commonwealth sued … Continue reading →

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First Amendment bars labeling restriction for “skim milk” without added Vitamin A

Posted on March 24, 2017 by rtushnet

Ocheesee Creamery LLC v. Putnam, 2017 WL 1046104, — F.3d —-, No. 16-12049 (11th Cir. Mar. 20, 2017) The Creamery here succeeded in its First Amendment claim to use the words “skim milk” to describe its product. The Creamery produces … Continue reading →

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TM scholars’ roundtable, part 4

Posted on March 24, 2017 by rtushnet

Research directions in Trademark Law 2017-2018 Discussants:    Bill McGeveran: History of scholarly productivity coming 1-2 years after the roundtables as seeds germinated.  Agenda-setting: boundary issues and registration.  Territorial/product dimensions; the consumers; design—picking up on something already in the air, but … Continue reading →

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TM Scholars’ roundtable part 3

Posted on March 24, 2017 by rtushnet

Fame, Reputation and “Well-Known-ness” Mark Janis: is fame something distinguishable from distinctiveness, or is it merely the highest degree of distinctiveness?  Possible topics: dilution thresholds v. well-known marks thresholds.  Coach v. Triumph, Fed. Cir., Coach handbags and Coach tutoring services. … Continue reading →

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TM scholars’ roundtable part 2

Posted on March 23, 2017 by rtushnet

Session 2: Proxies for Distinctiveness; Proving Distinctiveness (and Secondary meaning); Strength of a Mark Do current doctrinal tests properly assess actual consumer reaction to purported marks? What is and should be the role of consumer surveys in proving secondary meaning … Continue reading →

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TM scholars’ roundtable

Posted on March 23, 2017 by rtushnet

Ninth Trademark Scholars Roundtable: Distinctiveness, Secondary Meaning, Reputation And Fame Chicago-Kent College of Law Session 1:       Distinctiveness (including Secondary Meaning) as a Legal Concept Introduction:   Barton Beebe: different approaches. Any general claims about distinctiveness must take into account: eligibility for … Continue reading →

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IP writing competition for Virginia law students/law students from Virginia

Posted on March 23, 2017 by rtushnet

INTELLECTUAL PROPERTY LAW STUDENT WRITING COMPETITION (2017) Sponsored by the Virginia State Bar Intellectual Property Law Section The Virginia State Bar Intellectual Property Law Section is seeking papers written by law students who are attending law school in Virginia or … Continue reading →

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Reading list: a credit card nudge that seemed to work

Posted on March 23, 2017 by rtushnet

The power of light-touch financial education: A demonstration with credit card revolvers JAN 19, 2017 Can simple guidelines, or rules to live by, help consumers reduce their credit card debt? Can they be useful as a financial education tool? The … Continue reading →

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