Monthly Archives: October 2019

TM/ad text question of the day

Posted on October 25, 2019 by rtushnet

The shorthand rule in the US is that if you don’t use the competitor’s trademark in your ad text, you’re fine. What if you do? The below ad (which you get by searching “broken Garmin mounts”) isn’t an explicit statement, … Continue reading →

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TRO against insurer to provide information during open enrollment

Posted on October 24, 2019 by rtushnet

PeaceHealth v. Health Net Health Plan, Inc., 2019 WL 5386474, No. 6:19-cv-01648-MK (D. Ore. Oct. 21, 2019) Here, the court worries about granting a TRO as compelled speech even though the speech is quintessentially commercial and the need to protect … Continue reading →

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putative falsity about medical test not material to labs, but maybe to doctors

Posted on October 24, 2019 by rtushnet

Quidel Corp. v. Siemens Medical Solutions USA, Inc., No. 16-cv-3059-BAS-AGS, 2019 WL 5320390 (S.D. Cal. Oct. 21, 2019) A pair of opinions shows the importance of (1) defining the market and (2) being able to show materiality. The parties compete … Continue reading →

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Amicus in Dr. Seuss v. ComicMix

Posted on October 14, 2019 by rtushnet

Here. With Mark Lemley, Jessica Litman, Lydia Loren, Pam Samuelson, and Erik Stallman.  from Blogger https://ift.tt/2OMxfrJ

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incentivized reviews/targeted upvoting can be false advertising, court reiterates

Posted on October 14, 2019 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., No. 13-CV-982 (D. Utah Sept. 24, 2019) Supplement industry behavior is wild.   Vitamins Online sells dietary supplements online, including on Amazon, using the name NutriGold. HeartWise, aka NatureWise, competes with NutriGold, including on Amazon, … Continue reading →

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incentivized reviews/targeted upvoting can be false advertising, court reiterates

Posted on October 14, 2019 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., No. 13-CV-982 (D. Utah Sept. 24, 2019) Supplement industry behavior is wild.   Vitamins Online sells dietary supplements online, including on Amazon, using the name NutriGold. HeartWise, aka NatureWise, competes with NutriGold, including on Amazon, … Continue reading →

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ingredient supplier has standing against disparagement of products/false claims about competing product

Posted on October 10, 2019 by rtushnet

ThermoLife Int’l LLC v. Vital Pharms. Inc., No. 19-cv-61380-BLOOM/Valle, 2019 WL 4954622 (S.D. Fla. Oct. 8, 2019) ThermoLife licenses/sells a patented creatine nitrate used in dietary supplements, which is allegedly included in many top-selling dietary supplements. VPX allegedly attacked ThermoLife’s … Continue reading →

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medical influencers show up in false advertising case

Posted on October 4, 2019 by rtushnet

Wright Medical Technology, Inc. v. Paragon 28, Inc., 2019 WL 4751807,  No. 18-cv-00691-PAB-STV (D. Colo. Sept. 30, 2019) Wright is a medical device developer, manufacturer, and distributor; its products include surgical plates and other instruments used to repair bones in … Continue reading →

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Lexmark is super-clear: business customers can’t sue for Lanham Act false advertising

Posted on October 4, 2019 by rtushnet

Jiaherb, Inc. v. MTC Indus., Inc., 2019 WL 4785784, Civil No. 18-15532 (KSH) (CLW) (D.N.J. Sept. 30, 2019) Brief but very clear statement: after Lexmark, business customers can’t bring Lanham Act claims. Jiaherb makes herbal extracts and other natural products, … Continue reading →

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Bad definition of suggestiveness in a sad TM case about anti-hate groups

Posted on October 4, 2019 by rtushnet

Life After Hate, Inc. v. Free Radicals Project, Inc., 2019 WL 4825072, No. 18 C 6967 (N.D. Ill Sept. 30, 2019) “At a time when people—particularly young people—are being radicalized online with alarming frequency, nonprofit organizations like Life After Hate … Continue reading →

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