Monthly Archives: January 2020

Meat industry compares meat substitutes to dog food

Posted on January 30, 2020 by rtushnet

I’d be interested in the legal opinion clearing this full-page NYT ad: with a case out there saying that people expect dog food to be less appealing than human food, and other disparagement related precedents, this is an aggressive strategy.  … Continue reading →

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One may quote and quote and be a false advertiser: accurate quotation isn’t enough if the use is misleading

Posted on January 27, 2020 by rtushnet

CareDx, Inc. v. Natera, Inc., 2020 WL 401773, No. 19-662-CFC-CJB (D. Del. Jan. 24, 2020) Previous opinion by magistrate; the district court agrees that statutory Lanham Act standing exists when future harm is likely and that CareDx successfully pled falsity … Continue reading →

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Judge Alsup seems to think cosmetic mask claims are false

Posted on January 24, 2020 by rtushnet

Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects. Defendants PTR Labs sell “specialty … Continue reading →

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Call for Papers: Yale/Stanford/Harvard Junior Faculty Forum

Posted on January 20, 2020 by rtushnet

2020 Junior Faculty Forum Hosted by Stanford, Harvard, and Yale Law Schools Request for Submissions Stanford, Yale, and Harvard Law Schools announce the 21st session of the Junior Faculty Forum to be held at Stanford Law School on June 1-2, … Continue reading →

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post-complaint changes prevent finding of irreparable harm

Posted on January 15, 2020 by rtushnet

Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged … Continue reading →

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labeling grandfathered drug in standard format doesn’t misrepresent it as FDA-approved

Posted on January 14, 2020 by rtushnet

Belcher Pharms., LLC v. Hospira, Inc., — F. Supp. 3d –, No. 8:17-cv-2353-T-30AAS, 2020 WL 102744 (M.D. Fla. Jan. 7, 2020) “Epinephrine—a drug that is a medical necessity—has been in short supply on and off for nearly a decade.” Hospira … Continue reading →

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Reading list: Pam Samuelson on legal writing

Posted on January 14, 2020 by rtushnet

Pamela Samuelson, Good Legal Writing: of Orwell and WindowPanes  From the archives: Excellent short piece on legal writing, for students and other legal writers of all kinds.  In itself, interesting to see how a groundbreaking female academic framed things in … Continue reading →

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confusion is not irreparable harm in false advertising case

Posted on January 14, 2020 by rtushnet

AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020) The parties operate in the market for “sophisticated electronic instruments in the automotive, telecommunications, energy, aerospace, power, research, medical and industrial markets.” … Continue reading →

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Amicus brief in Booking.com

Posted on January 14, 2020 by rtushnet

Joined by a number of able trademark scholars, I filed this amicus brief in Booking.com in support of neither party, arguing that (1) genericness standards need to take into account the risks of overassertion/overprotection, and (2) unfair competition doctrine provides … Continue reading →

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Amicus brief in Google v. Oracle

Posted on January 13, 2020 by rtushnet

Like everyone else, I filed an amicus, this one on behalf of copyright scholars, focused on fair use. Other currently submitted briefs are here. from Blogger https://ift.tt/35MOKNd

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