Monthly Archives: May 2019

major beer battle turns on Mead (Johnson)

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

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

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”

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

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

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

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