Monthly Archives: September 2019

small wonder: sleeve undergarment isn’t valid trade dress/innovation claim isn’t false advertising

R and A Synergy LLC v. Spanx, Inc., No. 2:17-cv-09147-SVW-AS, 2019 WL 4390564 (C.D. Cal. May 1, 2019) The court dismissed trademark and false advertising claims brought by R&A based on their “Sleevey Wonders” sleeved undergarments designed to be worn … Continue reading

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Suffolk University IP Conference, Oct. 29-30

Webpage here.  Draft schedule (subject to change) is available to download. Current Confirmed Speakers and panelists include: Erich Anderson, Corporate Vice President and Chief Intellectual Property Officer, Microsoft Eric. E. Bensen, Co-Author, Milgrim on Trade Secret Deepika Bhayana, Senior Managing Director, IP … Continue reading

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading

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Allergan gets small damages award in case against compounder

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4546897, No. 17-cv-01551-DOC-JDE (C.D. Cal. Aug. 2, 2019) Previous discussion of liability issues in this pharmaco v. compounder false advertising case. After the court awarded partial summary judgment to Allergan (falsity … Continue reading

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chilling effect: competitor’s name in text of keyword ad requires extreme care

TSI Prods., Inc. v. Armor All/STP Prods. Co., 2019 WL 4600310, Nos. 17-cv-01131, 18-cv-1682 (MPS) (D. Conn. Sept. 23, 2019) TSI sued defendants for trademark infringement, unfair competition, and false advertising under the Lanham Act; for Sherman Act violations; and … Continue reading

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Inability to quantify damages justifies finding irreparable harm

Harbor Breeze Corp. v. Newport Landing Sportfishing, Inc., 2019 WL 4570033, No. SACV 17-01613-CJC(DFMx) (C.D. Cal. Aug. 26, 2019) Harbor Breeze won a jury verdict of false advertising against Newport, a competitor in the whale watching tour business, but received … Continue reading

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