Monthly Archives: February 2019

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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Eyelash wars: court tosses counterfeiting claim, allows (c) claim to continue

Boost Beauty, LLC v. Woo Signatures, LLC, 2019 WL 560277, No. 2:18-cv-02960-CAS(Ex) (C.D. Cal. Feb. 11, 2019) Mark Lemley says that many businesses think the term “unfair competition” is redundant; many trademark plaintiffs likewise think that “infringement” means “counterfeiting.” Here, … Continue reading

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TM Reading list: Legal Realism: Unfinished Business by Ramsi A. Woodcock

Short and punchy: For the realist, legal reasoning lacks the determinacy of mathematics because, looked at from the right angle, anything can be analogized to anything else. Trademarks are like easements in that they are both contingent on ownership of … Continue reading

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Influencer’s laundry list complaint against PopSugar survives motion to dismiss

Batra v. Popsugar, Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018) Batra sued Popsugar for removing the CMI of her photograph, infringing her copyright, violating her right of publicity, intentionally interfering with her contracts, engaging in false … Continue reading

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False advertising claim based on patent threats fails to overcome high hurdles for such a claim

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, 2019 WL 498303, No. 18 Civ. 04208 (ER) (S.D.N.Y. Feb. 8, 2019) Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for falsely claiming that … Continue reading

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FTC standards for “made in the USA” support competitor’s literal falsity claim

BenShot, LLC v. Lucky Shot USA LLC, 2019 WL 527829, No. 18-C-1716 (E.D. Wis. Feb. 11, 2019) “In 2015, BenShot began selling drinking glasses with bullets embedded in the side via an insertion in the glass.”  In 2016, Lucky Shot … Continue reading

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Amicus brief in Mongols TM forfeiture case

Stacey Dogan, Mark Lemley, Jessica Litman, Mark McKenna, Jennifer Rothman, Jessica Silbey, and I filed an amicus in the Mongols trademark forfeiture case.  We argue that, while trademark forfeiture is generally possible, any successful transfer would have to include goodwill. … Continue reading

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Booking.com isn’t generic, but might find it hard to prove infringement

Booking.com B.V. v. U.S. Patent & Trademark Office, No. 17-2458 (4th Cir. Feb. 4, 2019) In some ways, the biggest change in trademark law since the Lanham Act was adopted was the shift of the courts from accepting prophylactic rules … Continue reading

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