Monthly Archives: April 2017

Georgetown Tech Law Review seeks submissions

Posted on April 20, 2017 by rtushnet

From the editors: The Georgetown Law Technology Review is soliciting content for fall 2017 publication. Founded in 2015, the Review seeks to build a common forum for technologists, lawyers, and policymakers to discuss the increasingly complex intersections between law and … Continue reading →

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Presumptions and evidence of causation both work in false advertising cases

Posted on April 20, 2017 by rtushnet

Robroy Indus.–Texas, LLC v. Thomas & Betts Corp., No. 15-CV-512, No. 2:16-CV-198, 2017 WL 1370545 (E.D. Tex. Apr. 10, 2017) T&B and Robroy compete in the market for PVC-coated electrical conduit, which is used to carry electrical wiring in buildings … Continue reading →

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Having a product in development isn’t enough for Lanham Act standing

Posted on April 20, 2017 by rtushnet

Pulse Health LLC v. Akers Biosciences, Inc., 2017 WL 1371272, No. 16-cv-01919 (D. Or. Apr. 14, 2017) Pulse was formed to develop a product that can measure aldehyde molecules in human breath via a non-invasive hand-held device. Its device was … Continue reading →

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My colleague Laura K. Donohue, now on Twitter

Posted on April 20, 2017 by rtushnet

Where she will be tweeting about the national security state, privacy, et cetera.  She’s got comprehensive knowledge and a prime location, so take a look! from Blogger http://ift.tt/2o8jure

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Grange grudge: court orders disclaimer to resolve confusing corporate status

Posted on April 17, 2017 by rtushnet

National Grange of the Order of Patrons of Husbandry v. California State Grange, 2016 WL 8730678,  No. 16-201 (E.D. Cal. Sept. 23, 2016) As relevant here, plaintiffs sued the California Guild and Robert McFarland for false advertisement and unfair competition … Continue reading →

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Uber can’t get taxi false advertising case dismissed on 12(b)(6)

Posted on April 17, 2017 by rtushnet

Delux Cab v. Uber Technologies, Inc., 2017 WL 1354791, No. 16cv3057 (S.D. Cal. Apr. 13, 2017) Delux, a cab company in San Diego, sued Uber for false advertising about “the purported exceptional safety of Uber” and the relative unsafety of … Continue reading →

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Who registers the watchmen? court needs more info in (c) case

Posted on April 17, 2017 by rtushnet

Sara Designs, Inc. v. A Classic Time Watch Co., — F.Supp.3d —-, 2017 WL 627461, No. 16CV03638 (S.D.N.Y. Feb. 15, 2017) Sara sued for copyright infringement, trade dress infringement, state trademark infringement and dilution, unfair trade practices, and deceptive practices … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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Ordinary false advertising isn’t disparagement for insurance purposes

Posted on April 13, 2017 by rtushnet

Vitamin Health, Inc. v. Hartford Casualty Ins. Co., — Fed.Appx. —-, 2017 WL 1325263, No. 16-1724  (6th Cir. Apr. 11, 2017) Vitamin Health makes products intended to reduce the risk of developing age-related macular degeneration, advertising that its products contain … Continue reading →

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