Monthly Archives: September 2017

Adding clickbait title isn’t false advertising or fraud on author

Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017) Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various fraud/false advertising … Continue reading

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Reading list: consequences of 1A protections for off-label promotion

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading

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Reading list: the consumer in TM law

Kimberlee G. Weatherall, The Consumer as the Empirical Measure of Trade Mark Law, The Modern Law Review, Vol. 80, No. 1, pp. 57-87, 2017 Although consumer responses to signs and symbols lie at the heart of trade mark law, courts … Continue reading

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Right of publicity question of the day

Restaurant: Thelonious Monkfish from Blogger http://ift.tt/2ffUTgO

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SPIRE-inspired TM suit fails to enjoin noncompetitor

Spire, Inc. v. Cellular South, Inc., 2017 WL 3995759, No. 17-00266 (S.D. Ala. Sept. 11, 2017) Spire, a provider of natural gas fueling services, sought a declaratory judgment against Cellular South, d/b/a C SPIRE, a wireless telecommunications provider that also … Continue reading

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Twitter news

An enterprising law student is livetweeting from the ABA’s Trademark Day at the PTO, @stemlak  Also, I’m now Twitter verified, which has yet to change my life, but I have hopes. from Blogger http://ift.tt/2wpTRkX

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“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision”

Panel at the National Press Club RT: Huge debt to Sarah Burstein’s work, the best and most scholarly work on the subject—says things that aren’t clearly on either “side” of the present dispute, but I find persuasive.  Her conclusion based … Continue reading

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Allegedly disingenuous “not for human consumption” label can’t avoid supplement false ad. claims

Nutrition Distribution LLC v. PEP Research, LLC, No. 16cv2328, 2017 WL 3972509 (S.D. Cal. Sept. 7, 2017) Plaintiff sells natural supplements, specifically for bodybuilding.  It alleged that its natural supplements directly competed with PEP’s “Research Chemicals.”  PEP allegedly falsely advertised … Continue reading

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Panel on design patent remedies, Sept. 13

“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision” Wednesday, September 13th 9:00am – 10:30am The National Press Club Zenger Room 529 14th Street NW Speakers include: Carl Cecere, Counsel, Hispanic Leadership Fund and the National … Continue reading

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False indication of Hawaiian origin might violate consumer protection law, not warranty

Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027, 2017 WL 3838453 (N.D. Cal. Sept. 1, 2017) “Hawaii is a state as well as a state of mind. When adults want to escape the mainland, they can go to their local … Continue reading

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