Monthly Archives: November 2017

reasonable consumers expect real estate agents to be licensed, but remedies are still limited by the 1A

People ex rel. Flippo v. Silva, 2017 WL 5712601, No. H041209 (Cal. Ct. App. Nov. 28, 2017) Susana Silva operated Estates on the Bay, which advertised itself as a professional real estate company, while her real estate broker’s license was … Continue reading

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AIPLA scholarships & contests for students

Sidney B. Williams scholarship for law students from underrepresented minority groups interested in IP law. Jan Jancin award for law students with a demonstrated record in the study of IP. Moot Court on patent issues. Robert C. Watson award for … Continue reading

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Closure gets closure from Second Circuit

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 16-2767 (2d Cir. Nov. 2, 2017): In a summary opinion, the Second Circuit affirmed a district court finding that the design of Kwik Lok’s bag closures, albeit registered as a mark by … Continue reading

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Allegedly outdated comparison not enough to justify TRO in sophisticated industry

NEXTracker, Inc. v. Array Technologies, Inc., 2017 WL 5625926, No. 17-cv-06582 (N.D. Cal. Nov. 22, 2017) The parties (NX and ATI) compete in the market for solar tracking devices, which “adjust the positioning of solar panels…to increase the efficiency of … Continue reading

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Another court declines to apply GNC where plaintiff alleges only negative studies

Yeldo v. MusclePharm Corp., 2017 WL 5499588, Case No. 17-11011 (E.D. Mich. Nov. 16, 2017) Yeldo brought a putative class action alleging that MusclePharm used misleading marketing practices to promote its glutamine dietary supplement, whose label and online ads indicate … Continue reading

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To the spoliator does not go the victory in corporate betrayal case

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading

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We got the empire, now as then: Rogers precludes record label suit against Fox show

Twentieth Century Fox Television v. Empire Distribution, Inc., No. 16-55577 (9th Cir. Nov. 16, 2017)  “Empire Distribution, founded in 2010, is a well-known and respected record label that records and releases albums in the urban music genre.”  Then came Fox’s … Continue reading

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false advertising of copyright ownership of songs not preempted, court rules

Carter v. Pallante, 256 F. Supp. 3d 791 (N.D. Ill. 2017) Tollie Carter sued, as relevant here, alleging that ARC, Fuji, and BMG infringed his copyrights in certain songs by selling unauthorized licenses to third parties, who in turn publicly … Continue reading

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physical harm to the public isn’t irreparable harm for competitor plaintiff

Nutrition Distribution, LLC v. Enhanced Athlete, Inc., 2017 WL 5467252, No. 17-cv-2069 (E.D. Cal. Nov. 14, 2017) Defendants allegedly falsely advertised products containing 2,4-Dinitrophenol (DNP) to body builders, gym users, and the like. Defendants allegedly promote it as an ingestible … Continue reading

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Church & Dwight not protected against challenge to “Made in USA” claim for condoms

Claiborne v. Church & Dwight Co., 2017 WL 5256752, No. 17-cv-00746 (S.D. Cal. Nov. 13, 2017) At least two lines of Trojan brand male condoms have the words “Made in U.S.A.” printed on the packaging. This statement allegedly violates California … Continue reading

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