-
Recent Posts
- Another digital “buy” button case survives motion to dismiss
- Supplement guide was plausibly an agent of supplement company; direct and secondary liability available
- “GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits
- Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023
- Today at noon EST: free HLS webinar on developing professionalism in students
Recent Comments
Archives
- March 2023
- February 2023
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
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
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
Posted in Uncategorized
Tagged Oct. 29-30 conferences, Suffolk University IP Conference
Leave a comment
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
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
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
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
“studies prove” as puffery?
Sorry for the photo quality, but I was quite struck by the claim: “Studies Prove That Live Shows Add Years to Your Life. Who Are We to Argue with Science?” Query whether reasonable consumers would receive a “tests prove” message. … Continue reading
pharmaco gets summary judgment against compounder on falsity/unlawfulness
Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4545960, No. 17-cv-01551-DOC-JDE (C.D. Cal. Mar. 27, 2019) The parties compete in the market for ophthalmic drugs. Imprimis sells its ophthalmic drugs pursuant to Sections 503A and 503B of the FDCA … Continue reading
Rebecca Tushnet 