Monthly Archives: January 2018

New York GBL Section 349 covers ordinary trademark claims, court rules

Posted on January 31, 2018 by rtushnet

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge) Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images … Continue reading →

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Confusion with firm sued for sexual harassment causes irreparable harm

Posted on January 31, 2018 by rtushnet

Newmark Realty Capital, Inc., v. BGC Partners, Inc., No. 16-cv-01702 (N.D. Cal. Nov. 16, 2017) Newmark Realty Capital (founded 1991) and defendants BGC Partners and Newmark & Co. Real Estate “traditionally operated in distinct sectors of the real estate market … Continue reading →

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Pure disparagement by competitor is commercial speech even without invitation to buy

Posted on January 31, 2018 by rtushnet

Monat Global Corp. v. Kavanaugh , 2018 WL 501616, No. 17-cv-1666 (M.D. Fla. Jan. 22, 2018) The parties sell competing hair products. Kavanaugh allegedly orchestrated an “[I]nternet smear campaign” by posting false comments on Facebook about Monat’s products and marketing … Continue reading →

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CFP: Yale/Stanford/Harvard Junior Faculty Forum

Posted on January 17, 2018 by rtushnet

Request for Submissions Yale/Stanford/Harvard Junior Faculty Forum June 13-14, 2018, Harvard Law School Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard Law School on … Continue reading →

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That’s swell: court rules that NY doesn’t impose “use in commerce” limit on unfair competition

Posted on January 16, 2018 by rtushnet

Can’t Live Without It, LLC v. ETS Express, Inc., — F.Supp.3d —-, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018) Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig … Continue reading →

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Beyond Belmora: foreign TM owner proceeds under Lanham Act and Inter-American Convention

Posted on January 16, 2018 by rtushnet

S.A.S. v. Latinfood U.S. Corp., Civ. No. 16-6576, — F.Supp.3d —-, 2017 WL 6940696 (D.N.J. Dec. 29, 2017) Industria, a Colombian food corporation and Colombian owner of the Zenú and Ranchera marks, sued Latinfood, for reasons you can guess when … Continue reading →

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Another IP plaintiff fails to show irreparable harm (false advertising/trade secret)

Posted on January 16, 2018 by rtushnet

Impax Media Inc. v. Northeast Advertising Corp., No. 17 Civ. 8272, 2018 WL 358284 (S.D.N.Y. Jan. 10, 2018) Impax, which provides digital video screens that show ads (mostly in supermarkets), sought to enjoin defendants (AdCorp) from competing with Impax by … Continue reading →

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There’s only one master of The Commodores: the group itself

Posted on January 11, 2018 by rtushnet

Commodores Entertainment Corp. v. McClary, 2018 WL 327302, No. 16-15794 (11th Cir. Jan. 9, 2018) McClary was an original member of the award-winning Commodores, but, by his own admission, he “split from the band” in 1984 to strike out on … Continue reading →

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“I’m your lawyer” might be false advertising when lawyer’s firm won’t do the work

Posted on January 11, 2018 by rtushnet

Rosenbaum & Assoc., P.C. v. Morgan & Morgan, 2018 WL 327167, No. 17-4250 (E.D. Pa. Jan. 8, 2018) A Philadelphia personal injury law firm that advertises extensively on TV and billboards alleged that a national personal injury law firm’s expansion … Continue reading →

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Finding of willful infringement still doesn’t merit injunction under Herb Reed

Posted on January 8, 2018 by rtushnet

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017) Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year … Continue reading →

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