Monthly Archives: March 2017

Reading list: new governors of online speech

Posted on March 22, 2017 by rtushnet

Kate Klonick, The New Governors: The People, Rules, and Processes Governing Online Speech Harvard Law Review, Forthcoming Abstract Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that … Continue reading →

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Iconic movie scene allows copyright but not TM claim against multimedia installation

Posted on March 22, 2017 by rtushnet

Harold Lloyd Entertainment, Inc. v. Moment Factory One, Inc., No. LA CV15-01556, 2015 WL 12765142 (C.D. Cal. Oct. 29, 2015)| Another blast for the past—I would really like to know more about the Westclip algorithm, but I can’t complain too … Continue reading →

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Marketing method and display are functional, nondistinctive trade dress

Posted on March 22, 2017 by rtushnet

AMID, Inc. v. Medic Alert Found. U.S. Inc., No. H-16-1137 (S.D. Tex. Mar. 16, 2017) American Medical ID (AMID) sued MedicAlert Foundation United States for trade dress and copyright infringement. The parties compete in the market for medical-identification jewelry. One … Continue reading →

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Who’s responsible for allegedly false, concealed endorsement deals?

Posted on March 20, 2017 by rtushnet

Woodard v. Labrada, 2017 WL 1018307, — F. Supp. 3d —, No. 16-00189 (C.D. Cal. Mar. 10, 2017) I discussed this case before.  Woodard alleged misrepresentations about the effectiveness of weight loss supplements, specifically the Labrada Garcinia Cambogia Dual Action … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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Bud Light Lime-a-Rita not deceptive despite not being so light after all

Posted on March 20, 2017 by rtushnet

Cruz v. Anheuser-Busch Cos., LLC, No. 15-56021, — Fed.Appx. —-, 2017 WL 1019084 (9th Cir. Mar. 16, 2017) Cruz sued Anheuser-Busch for the usual California claims, alleging that the labels on cartons containing cans of “Rita” malt beverages, including Lime-a-Rita, … Continue reading →

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Keyword ad case based on failure to disclose connections fails

Posted on March 20, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., LLC, 2016 WL 6821110,  No. CV 15-00954 BRO (C.D. Cal. Feb. 1, 2016) Novation factors structured settlements: it buys the right to receive scheduled future payments from settlement recipients who do not wish … Continue reading →

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Blast from the past: another keyword ad case where TM won’t work

Posted on March 17, 2017 by rtushnet

Int’l Payment Servs., LLC v. Cardpaymentoptions.com, Inc., NO. 2:14-cv-02604, 2015 WL 12656280 (C.D. Cal. Jun. 5, 2015) Old decision, popped up in Westclip.  Plaintiff has a registration for ELITEPAY GLOBAL for its merchant payment solutions equipment, services and training business … Continue reading →

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All in the game: misleading tennis racquet endorsements don’t support class certification

Posted on March 17, 2017 by rtushnet

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading →

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