Monthly Archives: April 2017

Don’t try to make a Lanham Act case out of a copyright case

Posted on April 13, 2017 by rtushnet

Lieb v. Korangy Pub’g, Inc., 2016 WL 8711195, No. 15-CV-40 (E.D.N.Y. Sept. 30, 2016) The Second Circuit isn’t a good place to try to plead around Dastar.  Lieb sued Korangy for copyright infringement and deceptive business practices based on alleged … Continue reading →

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Flea market case on secondary (and tertiary) liability for counterfeiting

Posted on April 13, 2017 by rtushnet

Luxottica Gp., S.P.A. v. Greenbriar Marketplace II, LLC, — F.Supp.3d —-, 2016 WL 5859023, No. 15-cv-01382 (N.D. Ga. Sept. 30, 2016) Luxottica sought to hold Greenbriar and Albert Ashkouti liable for contributory trademark infringement based on sales of counterfeit goods … Continue reading →

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Law360 article on my ICE suit by Bill Donahue

Posted on April 13, 2017 by rtushnet

Read it here. from Blogger http://ift.tt/2ow6Dh9

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No evidence of harm means no disgorgement in false advertising case

Posted on April 11, 2017 by rtushnet

MB Imports, Inc. v. T&M Imports, LLC, No. 10-3445, 2016 WL 8674609 (D.N.J. Dec. 23, 2016) MB Imports imported and sold Sicilia brand lemon and lime juice products, and sold them to Safeway from 2001-2003; for many years, they were … Continue reading →

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false advertising dispute based on study in medical journal should proceed, judge recommends

Posted on April 11, 2017 by rtushnet

Theodosakis v. Clegg, 2017 WL 1294529, No. CV-14-02445 (D. Ariz. Jan. 30, 2017) (magistrate judge) Theodosakis and Supplement Testing Institute sued defendants for defamation, commercial disparagement, tortious interference with business expectancy, false advertising and unfair competition under the Lanham Act, … Continue reading →

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lack of substantiation isn’t actionable, but claims of 100% satisfaction are

Posted on April 11, 2017 by rtushnet

Moorer v. Stemgenex Medical Group, Inc., 2017 WL 1281882, No. 16-cv-02816 (S.D. Cal. Apr. 6, 2017) Plaintiffs brought the usual California claims (plus RICO and California’s Health and Safety Code section 24170, et seq., (Human Experimentation) (!), and Financial Elder … Continue reading →

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Reed invalidates highway sign distance and permit regulations

Posted on April 10, 2017 by rtushnet

Thomas v. Schroer, 2017 WL 1208672, No. 13-cv-02987 (W.D. Tenn. Mar. 31, 2017) Reed may or may not work a sea change in First Amendment law generally, but it has definitely worked a sign change. The Tennessee Department of Transportation … Continue reading →

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Court finds materiality of color questionable

Posted on April 10, 2017 by rtushnet

Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., No. 15-11521, — F. Supp. 3d —-, 2017 WL 1246327 (D. Mass. Apr. 3, 2017) The parties compete in the radon extraction business. Spruce claimed that Festa falsely advertised its radon … Continue reading →

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Causation failure dooms Lanham Act claim in bioengineered corn case

Posted on April 10, 2017 by rtushnet

In re: Syngenta AG MIR 162 Corn Litig., MDL No. 2591, 2017 WL 1250791 (D. Kan. Apr. 5, 2017) Plaintiffs asserted various claims against Syngenta relating to Syngenta’s commercialization of the corn seed products Viptera and Duracade, containing a genetic … Continue reading →

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LiveJournal’s missteps threaten its DMCA protection

Posted on April 10, 2017 by rtushnet

Mavrix Photographs, LLC v. LiveJournal Inc., No. 14-56596 (9th Cir. April 7, 2017) Initial note: What the court here describes as LJ’s business model is in reality limited to its treatment of ONTD, the most popular community on LJ.  Most … Continue reading →

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