Monthly Archives: April 2017

Internet surveys are admissible (but may raise IRB concerns)

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading

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4th Cir. affirms dismissal where P didn’t allege specific lost consumers or quantify lost sales

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc., — Fed.Appx. —-, 2017 WL 1437215, No. 16-1819 (4th Cir. Apr. 24, 2017) The court of appeals affirmed the dismissal of Wall’s complaint for false advertising based on … Continue reading

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My IP collection widens

Today: Lardashe jeans–it’s quite possible they’d even fit me: Jordache Enters. v. Hogg Wyld (10th Cir. 1987) from Blogger http://ift.tt/2pvW67t

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Reading list: empirical evidence about FTC’s substantiation standard

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer Law Review!) ABSTRACT Companies frequently make efficacy claims … Continue reading

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TM/(c) questions of the day

Which, if any, raise any TM or copyright concerns? matchboxes with book covers “phone app sticky notes” Scented erasers with possibly recognizable trade dresses from Blogger http://ift.tt/2onyotP

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Dastar bars TM claim based on unlicensed copying of footage

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading

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“Australian for [American] beer” isn’t deceptive, court rules

Nelson v. MillerCoors, LLC, 15-CV-7082, 2017 WL 1403343, — F. Supp. 3d – (E.D.N.Y. Mar. 31, 2017) The court dismissed Nelson’s complaint, invoking lots of different consumer protection laws, based on Miller’s allegedly misleading marketing of Foster’s Beer, “an Australian-style … Continue reading

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Ninth Circuit bars consumer claims challenging assertions of clinical proof

Kwan v. SanMedica Int’l, — F.3d –, No. 15-15496, 2017 WL 1416483 (9th Cir. Apr. 21, 2017) Kwan alleged that SanMedica’s product SeroVital was falsely advertised as effective, and the district court dismissed her complaint as a lack of substantiation … Continue reading

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Sixth Circuit has nominative fair use sans la lettre

Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC, No. 16-5582 (6th Cir. Apr. 19, 2017) Query: Does the Sixth Circuit’s refusal to adopt nominative fair use, and its insistence on a separate doctrine of “use as a trademark,” make a … Continue reading

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9th Circuit revives class action against allegedly mislabeled baby food

Bruton v. Gerber Prods. Co., 2017 WL 1396221, — Fed.Appx. —-, No. 15-15174 (9th Cir. Apr. 19, 2017) Bruton sued Gerber, alleging that labels on certain Gerber baby food products included claims about nutrient and sugar content that were impermissible … Continue reading

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