Monthly Archives: April 2017

Georgetown Tech Law Review seeks submissions

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

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

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

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

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)

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

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

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

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

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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