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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Monthly Archives: March 2020
“complete” vitamin is plausibly deceptive where essential nutrients are lacking
Devane v. Church & Dwight Co., No. 3:19-cv-09899-BRM-LHG, 2020 WL 998946 (D.N.J. Feb. 28, 2020) Plaintiffs brought consumer protection claims based on Church & Dwight’s purportedly false labelling of several multivitamins, including L’il Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, and … Continue reading
discovery of trade secrets in a false advertising case
Monster Energy Co. v. Vital Pharm., Inc., 2019 WL 8112506, No. 5:18-cv-01882-JGB (SHKx) (C.D. Cal. Oct. 16, 2019) I don’t cover many discovery disputes, but this one has some passing interest for the substance of false advertising law. Monster & … Continue reading
FDA/FTC Workshop on a Competitive Marketplace for Biosimilars
FDA Licensure Process and U.S. Biosimilar Markets [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Therapeutic Biologics and Biosimilars, CDER, FDA · Christine Simmon, Executive Director, Biosimilars Council, AAM: barriers to entry for … Continue reading
“better lives for hens” was puffery, but hen living conditions claims weren’t
Lugones v. Pete & Gerry’s Organic, LLC, No. 19 Civ. 2097 (KPF), 2020 WL 871521 (S.D.N.Y. Feb. 21, 2020 Plaintiffs alleged that they bought defendant’s eggs, branded as Nellie’s Free Range Eggs, based on false advertisements indicating that the hens … Continue reading
Cal. court says “controversial” claim is therefore not factual
Serova v. Sony Music Entertainment, 44 Cal.App.5th 103 (2020) Hard to believe the reasoning in this case could get worse, but they may have achieved it. The California Supreme Court told the court of appeals to reconsider its earlier decision … Continue reading
YouTube’s terms of service/content policies aren’t commercial advertising or promotion
Prager Univ. v. Google LLC, No. 18-15712 (9th Cir. Feb. 26, 2020) YouTube isn’t a public forum and didn’t engage in false advertising by telling users it supported freedom of expression. Prager “University” (it’s not) complained that YT was discriminating … Continue reading
Trademark Scholars Roundtable, Stanford part 3
Session 3: Remedies in Trademark and Unfair Competition Cases Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heymann, Eric Goldman [I had another conference in the morning so came in late.] Discussion of eBay’s effects. Burrell: In other … Continue reading
Trademark Scholars Roundtable, Stanford part 2
Session 2: A Forward-Looking Perspective To what extent should trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Rebecca Tushnet One consideration in how we should structure the regime is that casual … Continue reading
Trademark Scholars Roundtable, Stanford
Trademark Scholars Roundtable Session 1: The Current Framework To what extent does current trademark or unfair competition law reflect consumer expectations or seek to shape or set them? Introduction: Stacey Dogan Categorize rules as norm shaping v. norm following. … Continue reading
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Tagged Stanford conferences, trademark, Trademark Scholars Roundtable
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