Monthly Archives: May 2019

major beer battle turns on Mead (Johnson)

Posted on May 31, 2019 by rtushnet

Long post, lots of stuff to cover in this opinion. MillerCoors, LLC v. Anheuser-Busch Cos., No. 19-cv-218-wmc (W.D. Wisc. May 24, 2019) There’s an apocryphal ad story about a cannery stuck with unmarketable pale salmon that turned its disadvantage around … Continue reading →

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

Timeshare wars: no Lanham Act standing for property owner

Posted on May 31, 2019 by rtushnet

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, 2019 WL 2232241, No. 18-cv-02171-GAP-DCI (M.D. Fla. May 23, 2019) Somebody seriously needs to write a story about the litigation war going on between timeshare companies and firms that sue timeshare … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Domain name initial interest confusion isn’t dead

Posted on May 31, 2019 by rtushnet

Platinum Properties Investor Network, Inc. v. Sells, 2019 WL 2247544, No. 18-61907-CIV-GAYLES/SELTZER (S.D. Fla. Apr. 11, 2019) (magistrate R&R) Rival real estate investors Hartman and Sells apparently developed a “personal feud,” and Sells allegedly initiated a campaign to harm Hartman’s … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against “unfairness”

Posted on May 20, 2019 by rtushnet

Allen v. Hylands, Inc., — Fed.Appx. —-, 2019 WL 2142843, No. 17-56184 (9th Cir. May 15, 2019) Allen, on behalf of a class, appealled following a jury’s verdict in favor of Hyland’s. “The gravamen of [Allen’s] claims is that Hyland’s … Continue reading →

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

call for law student papers: Harvard J of Law & Tech

Posted on May 20, 2019 by rtushnet

Harvard Journal of Law & Technology Student Note Submission Deadline: June 17, 2019 The Harvard Journal of Law and Technology (JOLT) is excited to announce our student note submission is open for our Fall 2019 issue. Submissions should be 4,000 … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

AARP endorsement of insurer doesn’t inherently represent that AARP chose disinterestedly

Posted on May 17, 2019 by rtushnet

Levay v. AARP, Inc., 2019 WL 2108124, No. 17-09041 DDP (PLAx) (C.D. Cal. May 14, 2019) Plaintiffs are AARP members who allege to have “joined and paid to be AARP members” after being allegedly “induced … through unlawful, misleading and/or … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

blog posts on company’s site are “commercial advertising or promotion” under Lanham Act

Posted on May 17, 2019 by rtushnet

Luminati Networks Ltd. v. BIScience Inc., 2019 WL 2084426, No. 18-CV-00483-JRG (E.D. Tex. May 13, 2019) Mostly a jurisdictional challenge; the court found it had specific personal jurisdiction over Luminati’s claims for patent infringement and false advertising and supplemental jurisdiction … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

law firm alleging clients lost to competitor satisfies Lexmark, in part

Posted on May 14, 2019 by rtushnet

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019) Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.   It alleged … Continue reading →

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

CopyrightX: Article 13

Posted on May 14, 2019 by rtushnet

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

CopyrightX: UGC panel

Posted on May 14, 2019 by rtushnet

Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading →

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