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

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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

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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

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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

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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

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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

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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

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