Monthly Archives: November 2019

false advertising claims against competing media nonprofit can continue under broad theory of commercial speech

Posted on November 22, 2019 by rtushnet

Tang v. Guo, 2019 WL 6169940, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 20, 2019) The previous complaint was dismissed for failure to sufficiently allege commercial speech; the court now finds it sufficiently alleged because the media defendant had a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

(c) profits expert excluded for failure to tie profits to specific photos copied, instead of photos in general

Posted on November 19, 2019 by rtushnet

Yellowpages Photos, Inc. v. YP, LLC, 2019 WL 6033084, No: 8:17-cv-764-T-36JSS (M.D. Fla. Nov. 14, 2019) YPPI sued YP alleging infringement of YPPI’s copyrights, and sought disgorgement of the profits derived therefrom. Its expert, Brown, was offered to opine on … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

general allegations of harm to Legalforce from TM scammer sufficed for Lexmark standing

Posted on November 18, 2019 by rtushnet

Legalforce RAPC Worldwide P.C. v. Glotrade, No. 19-CV-01538-LHK, 2019 WL 6036618 (N.D. Cal. Nov. 14, 2019) Legalforce “offers services including trademark preparation and prosecution, patent preparation and prosecution, copyright registration and counseling, international trademark and patent filings, and corporate formation … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers

Posted on November 18, 2019 by rtushnet

Two more opinions here, one about the meaning of “origin” in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin. Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. … Continue reading →

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

Pot site’s negative report on CBD from hops wasn’t commercial speech

Posted on November 18, 2019 by rtushnet

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

right of publicity question of the day, RBG edition

Posted on November 18, 2019 by rtushnet

Right of publicity question of the day: leopard print shirt made of Ruth Bader Ginsburg portraits. Discuss. from Blogger https://ift.tt/2XrPXHo

Posted in Uncategorized | Tagged , | Leave a comment

Colorado labeling doesn’t dispel potential falsity of “Kona” for coffee

Posted on November 13, 2019 by rtushnet

Corker v. Costco Wholesale Corp., 2019 WL 5887340, No. C19-0290RSL (W.D. Wash. Nov. 12, 2019) Plaintiffs, coffee farmers in the Kona District of the Big Island of Hawaii, alleged that defendant Boyer’s falsely designates the geographic origin of its coffee … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by rtushnet

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading →

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

nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

pleading falsity can be done even with sophisticated consumers

Posted on November 6, 2019 by rtushnet

10x Genomics, Inc. v. Celsee, Inc., 2019 WL 5595666, No. 19-862-CFC-SRF (D. Del. Oct. 30, 2019) (magistrate) Skipping the patent parts.  “10x is a life sciences technology company that markets and sells its Chromium product line, which provides researchers with … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment