Monthly Archives: August 2019

on 12(b)(6), court holds that “blockchain” could be distinctive for one co’s digital wallets

Blockchain Luxembourg S.A. v. Paymium, SAS, No. 18 Civ. 8612 (GBD) (S.D.N.Y. Aug. 7, 2019) The Second Circuit really doesn’t want to kick out trademark claims early.  I can easily imagine a court in the Seventh Circuit using the flexibility … Continue reading

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

storage container promise of “optimal environment” to keep produce fresh isn’t puffery

Zearfoss v. Rubbermaid, Inc., 2019 WL 2902495, No. 18-cv-06392-AB (ASx) (C.D. Cal. Apr. 18, 2019) Rubbermaid sells a line of food storage containers called FreshWorks Produce Saver Products, advertising on the outside packaging in large bold print “Keeps Produce Fresh … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Statement that advertiser is “2.0” version of competitor is puffery

GeoMetWatch Corp. v. Hall, 2019 WL 3537297, No. 1:14-cv-60 (D. Utah Aug. 2, 2019) GeoMet and Advanced Weather Systems Foundation (AWSF) negotiated to create a joint venture for the purpose of constructing and deploying a satellite-hosted weather sensor system and … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

pharma databases as commercial speech? court says maybe

Alfasigma USA, Inc. v. First Databank, Inc., 2019 WL 3532844, No. 18-cv-06924-HSG (N.D. Cal. Aug. 2, 2019) Alfasigma sued First Databank for state and federal false advertising after it re-classified Alfasigma medical food products from Class F (prescription) to Class … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

7th Cir: descriptive component of distinctive slogan can be descriptive fair use

SportFuel, Inc. v. PepsiCo., Inc., No. 18‐3010 (7th Cir. Aug. 2, 2019) SportFuel, which among other things sells dietary supplements, sued Gatorade after Gatorade rebranded itself with the slogan, “Gatorade The Sports Fuel Company.” The court of appeals affirmed a … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

London sights for TM aficionados

Pictures taken while traveling. The geographic attractiveness of the “American” carwash is enhanced by the slogan “The Cadillac of London car washes.” Adidas/marijuana leaf in center. from Blogger https://ift.tt/2YEtYQH

Posted in Uncategorized | Tagged | Leave a comment

false advertising trolling, consumer protection, or both

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading

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