Monthly Archives: August 2017

Is a ban on the words “climate change” in grants consistent with Tam?

Posted on August 25, 2017 by rtushnet

This image, of a government employee telling a grant applicant that her proposal can’t use “climate change” or “global warming” and get funded, seems like a pretty good example of a “happy talk” provision.  Is this new requirement an unconstitutional … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

cy pres-only settlement ok’d in Google privacy case

Posted on August 24, 2017 by rtushnet

In re Google Referrer Header Privacy Litigation, — F.3d —-, 2017 WL 3601250, No. 15–15858 (9th Cir. Aug. 22, 2017) The underlying class action claimed that Google violated users’ privacy by disclosing their internet search terms to owners of third-party … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech

Posted on August 24, 2017 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – (4th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Tag-along state UDAP claim leads to $18.5 million fee shift against unsuccessful plaintiff

Posted on August 21, 2017 by rtushnet

Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2017 WL 3536917 (S.D. Fla. Aug. 17, 2017) This case stands as a stark reminder that adding a state-law deceptive trade practices claim to a federal claim can have serious consequences—the only reason … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules

Posted on August 21, 2017 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

reading list: Willis on remedies for consumer fraud

Posted on August 21, 2017 by rtushnet

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Comparative advertising using P’s logo is nominative fair use

Posted on August 18, 2017 by rtushnet

SolarEdge Technologies Inc. v. Enphase Energy, Inc., 2017 WL 3453378 17-cv-04047 (N.D. Cal. Aug. 11, 2017) SolarEdge sued Enphase, a competitor in the business of selling electronic components for solar panels (aka PV modules), for false advertising and trademark infringement.  … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

taking customer list as conversion; false claims of official investigation as false advertising

Posted on August 18, 2017 by rtushnet

Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements.  Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Barton Beebe & Jeanne Fromer’s submission to PTO on streamlined cancellation proceedings

Posted on August 16, 2017 by rtushnet

Supporting the proposal, they summarize their evidence of overcrowding on the register.  Read it here. from Blogger http://ift.tt/2x4Wcm3

Posted in Uncategorized | Tagged , | Leave a comment

Traveling pictures: trademark/publicity rights questions, bonus torts

Posted on August 16, 2017 by rtushnet

Yellowstone proper had very little in the way of obvious TM issues, interestingly enough.  Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment