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- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
- court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case
- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
- Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case
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Monthly Archives: February 2019
Belmora doesn’t replace 43(a)’s usual requirement of protectable subject matter in standard trade dress case
Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019) SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. … Continue reading
ICANN and the New Top-Level Domains, panel 2
ICANN and the New Top-Level Domains “Walled Gardens:” Should gTLDs Become Private Platforms? Becky Burr, ICANN Board & Neustar: We used to talk about .kids as a walled garden/moderated content for kids, a safe space. [Based on what we know … Continue reading
Posted in Uncategorized
Tagged copyright, ICANN and the New Top-Level Domains, panel 2 conferences, trademark
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ICANN and the New Top-Level Domains part 1
American University Washington College of Law YouTube link Welcome, Christine Haight Farley, American University Washington College of Law We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains (“gTLDs”) … Continue reading
Misleading advertising that’s already leaving the market can’t support finding irreparable harm
Danone, US, LLC v. Chobani, LLC, No. 18 Civ. 11702 (CM), 2019 WL 760040 (S.D.N.Y. Jan. 23, 2019) Danone sued Chobani for advertising that Chobani’s kids’ drinkable yogurt product, Gimmies Milkshakes, contains “33% less sugar than the leading kids’ drinkable … Continue reading
Selling copyright-infringing content isn’t trademark infringement or false advertising
Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading
Fair use amicus for Google/Oracle cert petition
Pam Samuelson’s amicus focusing on copyrightability was excellent and I hope it helps persuade the Court to finally take up this important issue in computer software. I worked on a fair use amicus to point out that the Federal Circuit’s … Continue reading
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
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
Rebecca Tushnet 