Monthly Archives: July 2018

Allegations of “copycatting” in high tech industry plausibly accuse target of patent infringement

Posted on July 25, 2018 by rtushnet

Global Tubing LLC v. Tenaris Coiled Tubes LLC, No. 4:17-CV-3299, 2018 WL 3496739 (S.D. Tex. Jul. 20, 2018) The parties compete in the market for coiled tubing products for the oil and gas industry. They and one other company allegedly … Continue reading →

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Plastic not so fantastic: video shot in medical facility didn’t defame or infringe facility’s TM rights

Posted on July 20, 2018 by rtushnet

Weirton Medical Center, Inc. v. Introublezone, Inc., 2018 WL 3458261, J-A06003-18 (Pa. Super. Ct. Jul. 18, 2018) Dr. Craig Richard Oser was a plastic surgeon with staff privileges at plaintiff WMC from 2009 to 2014, making him an employee according … Continue reading →

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non-lawyer’s purchase of “trademark attorney” as a keyword doesn’t itself plausibly deceive consumers

Posted on July 19, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 3439371 (N.D. Cal. Jul. 17, 2018) LegalForce alleged that defendants operated “TTC Business Solutions,” providing “trademark related services,” and that they “engag[ed] in the unlawful practice of law” as well … Continue reading →

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Six-year prison sentence for false advertising online

Posted on July 19, 2018 by rtushnet

United States v. Arif, No. 17-1597, 2018 WL 3454467 (1st Cir. Jul. 18, 2018) A reminder that false advertising can be subject to criminal penalties: Mustafa Hassan Arif sold non-prescription drug products that purported to treat or cure hundreds of … Continue reading →

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New on Jotwell: reviewing Virginia Eubanks, Automating Inequality

Posted on July 18, 2018 by rtushnet

Rebecca Tushnet, The Difference Engine: Perpetuating Poverty Through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (2018)) from Blogger https://ift.tt/2LfQBnN

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ASTM v. PublicResource.org: Trademark

Posted on July 18, 2018 by rtushnet

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) Trademark: This was where the district court went very, very wrong—I consider the copyright issues difficult though I have a preferred outcome; the trademark … Continue reading →

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ASTM v. PublicResource.org: Copyright

Posted on July 18, 2018 by rtushnet

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) The panel, citing “serious constitutional concerns,” vacated the district court’s finding of trademark and copyright infringement based on PRO’s copying of privately drafted standards … Continue reading →

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Unclean (but collagen rich) hands in a false advertising case

Posted on July 12, 2018 by rtushnet

Certified Nutraceuticals, Inc. v. Avicenna Nutraceutical, LLC, 2018 WL 3361142, No. 16-cv-02810-BEN-BGS (C.D. Cal. Jul. 10, 2018) A rare unclean hands victory in a false advertising case.  Certified alleged that Avicenna, its competitor in the market for collagen products used … Continue reading →

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TM/False advertising issue of the day

Posted on July 12, 2018 by rtushnet

Seen on the street in NYC; the candies have no marijuana content–they’re sold as “adult” candies, furthering the impression. My daughter also asked “Could the owners of Scooby Doo sue?” and then, because I have taught her well, corrected that … Continue reading →

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False designation damages require proximate cause, dooming $250 million jury award

Posted on July 2, 2018 by rtushnet

ZeniMax Media Inc. v. Oculus VR LLC, No. 14-cv-01849 (N.D. Tex. Jun. 27, 2018) After trial of this case, the jury returned a verdict, finding in relevant part that defendants were liable for false designation of origin, basically about the … Continue reading →

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