Monthly Archives: September 2017

Reasonable consumers needn’t expect individual products to differ from overall brand recommended by experts

Eidelman v. Sun Prods. Corp., No. 16-cv-3914, 2017 WL 4277187 (S.D.N.Y. Sept. 25, 2017) Eidelman allegedly bought Sun Product’s “237-fl oz. bottle of ALL PLUS + FREE CLEAR … liquid detergent” based on its label that it was “from the … Continue reading

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Errant earrings: (c) but not trade dress success likely, still no irreparable harm

Ear Charms, Inc. v. Bling Jewelry, Inc., 2017 WL 2957796, No. CV 16-02091 (C.D. Cal. Apr. 11, 2017) Sandra Callisto designed a “stylish alternative to pierced earrings” for Ear Charms, specifically “wave” earrings, which allegedly bore “a unique and distinctive … Continue reading

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Response to Tim Wu’s piece on First Amendment obsolescence

Not Waving but Drowning: Saving the Audience from the Floods. A response to Tim Wu’s essay “Is the First Amendment Obsolete?” from Blogger http://ift.tt/2hybHwu

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Harvard JOLT seeks submissions

The Harvard Journal of Law and Technology is one of the leading journals covering the ever-developing interaction between law and technology. JOLT Digest is the Journal’s online-only companion, providing timely updates and new perspectives on recent developments in technology law, … Continue reading

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Brief on TM issues in ASTM v. Public Resource

Mark McKenna and I, with other trademark professors, have written a brief in the ASTM case.  Thanks to Sam Bagenstos for last-minute filing assistance. from Blogger http://ift.tt/2hy8HjI

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading

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