Monthly Archives: February 2019

Second Circuit summarily reverses bad Prevagen decision on statistical proof

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading

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Show me your teeth: dentist’s before-and-after closeups aren’t copyrightable for want of originality

Pohl v. MH Sub I, LLC, No. 4:17cv181-MW/CAS (N.D. Fla. Jun. 20, 2018) H/T Daniel Kegan. Dr. Pohl took before-and-after photographs of his cosmetic dental work for his Florida cosmetic dentistry practice’s website. He took such photos of “Belinda” in … Continue reading

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading

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Competitor can’t stop allegedly false promotion of unapproved substances bearing CYA “not for human use” warnings

Nutrition Distribution LLC v. Pep Research, LLC, 2019 WL 652391, No. 16cv2328-WQH-BLM (S.D. Cal. Feb. 15, 2019) Nutrition Distribution sued Pep for false advertising under the Lanham Act, alleging that its competitor, a supplement company, falsely advertised certain prescription-only drugs … Continue reading

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ICANN and the New Top-Level Domains: Feb. 25 conference at AU-WCL

ICANN and the New Top-Level Domains American University Washington College of Law, Room NT01 Monday, February 25, 2019 1:30-5:30pm We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains … Continue reading

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No Lanham Act liability for failure to correct another’s misstatement

GeoMetWatch Corp. v. Hall, No. 1:14-cv-60, 2019 WL 578917 (D. Utah Feb. 12, 2019) Business dispute; of interest here, GeoMet asserted false advertising against defendant AWSF because of two statements about Tempus, with which it was working.  However, both statements … Continue reading

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