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Monthly Archives: July 2017
Seen around town(s), TM and right of publicity issues
From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading
Seen around town(s), TM and right of publicity issues
From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading
When life gives you Lemonade: court preserves copyright complaint against Beyoncé
Estate of Barré v. Carter, No. 17-1057, 2017 WL 3188489 (E.D. La. Jul. 25, 2017) Plaintiffs alleged that they owned in the copyright in two YouTube videos created by Anthony Barré, a performance comedian and music artist from New Orleans … Continue reading
When state consumer protection is narrower than federal
Natreon, Inc. v. Ixoreal Biomed, Inc., 2017 WL 3131975, No. 16-4735 (D.N.J. Jul. 21, 2017) Natron sued defendant/counterclaimant/third-party plaintiff SKP and defendant Ixoreal, alleging false advertising and unfair competition in connection with an extract used in holistic and alternative medicines: … Continue reading
SDNY declines to extend ONY to press releases about studies
Mimedx Group, Inc. v. Osiris Therapeutics, Inc., No. 16 Civ. 3645, 2017 WL 3129799 (S.D.N.Y. Jul. 21, 2017) The parties compete in the wound care biologics market for tissue-graft products. Mimedx makes “EpiFix,” “a tissue graft processed from [a dehydrated] … Continue reading
Purple haze: court declines to recognize contributory false advertising claim
Purple Innovations, LLC v. Honest Reviews, LLC, No. 2:17-cv-138, 2017 WL 3172810 (D. Utah Jul. 25, 2017) Mostly a jurisdiction case, but defendant GhostBed also successfully moved to dismiss Purple Innovations’ claim for contributory false association and false advertising. Although … Continue reading
The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law
Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading
Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury
Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading
Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury
Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading
OJ may be guilty … of adding ingredients without disclosure
In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017) Plaintiffs alleged that Coca-Cola sold Simply Orange, Minute Maid Pure Squeezed, and Minute Maid Pure Premium without disclosing … Continue reading
Rebecca Tushnet 