Monthly Archives: February 2019

better bank battle: false use of (R) can’t support false advertising claim

San Diego County Credit Union v. Citizens Equity First Credit Union, No. 18cv967-GPC(RBB), 2019 WL 446475 (S.D. Cal. Feb. 5, 2019) SDCCU sued CEFCU, its competitor in the credit union market, seeking a declaratory judgment of non-infringement and invalidity of … Continue reading

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading

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Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading

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Alkaline water false advertising claim is unappetizing, court rules

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading

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WIPIP 2019, Plenary (designs)

Whole Designs, Sarah Burstein What is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer. Worst design … Continue reading

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WIPIP 2019, Trademark panel

On Gripe Sites and Trademark Rights: Taking Stock of Cooperstock, Carys Craig United Airlines v. Cooperstock, Untied.com: United complaint site with an altered/sadface logo and a popup disclaimer. Sued for © and TM infringement, and initially held liable for infringement … Continue reading

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WIPIP 2019, University of Houston, Copyright panel

Abandoning Copyrights, Aaron Perzanowski & Dave Fagundes: Unilateral transfer of rights. W/personal property you think about transfer to unknown but discrete third party, but in © abandoned rights are not up for grabs by some new claimant, but rather in … Continue reading

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100% Natural chicken claims might mislead about antibiotics and other features

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018) FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads … Continue reading

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading

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