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

Posted in Uncategorized | Tagged , | Leave a comment

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 , , , | Leave a comment

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

Posted in Uncategorized | Tagged , , | Leave a comment

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

Posted in Uncategorized | Tagged , | Leave a comment

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

Posted in Uncategorized | Tagged , , , , , | Leave a comment

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

Posted in Uncategorized | Tagged | Leave a comment

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

Posted in Uncategorized | Tagged , , | Leave a comment