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- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
- court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case
- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
- Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case
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Monthly Archives: August 2020
Tiffany’s blues: Costco gets a trial on sales of “Tiffany” rings with Tiffany setting
Tiffany & Co. v. Costco Wholesale Corp., Nos. 17-2798-cv, 19-338, 19-404, 2020 WL 4743020, — F.3d – (2d Cir. Aug. 17, 2020) The district court found that Costco’s sales of otherwise unbranded diamond engagement rings with the solitaire setting known … Continue reading
Harm story fails where deceived doctors’ choices wouldn’t have mattered
Quidel Corp. v. Siemens Medical Solutions USA, Inc., No. 16-cv-3059-BAS-AGS, 2020 WL 4747724 (S.D. Cal. Aug. 17, 2020) Previously, the court ruled that alleged misrepresentations, even if false, didn’t affect testing labs’ choice of which of the parties’ tests to … Continue reading
Second Circuit finds conflict preemption of publicity rts for unauthorized music sample
Jackson v. Roberts, No. 19-480 (2d Cir. Aug. 19, 2020) Judge Leval, kindly citing my work as well as that of other scholars, finds a right of publicity claim against a remix album preempted by the Copyright Act/Supremacy Clause through … Continue reading
IPSC Panel 15 – Trademark Law II
Trademark Fame and Corpus Linguistics, Jake Linford, FSU College of Law and Kyra Nelson, Independent Dilution protects famous marks as if they were monosemous: having same source meaning no matter what goods/services applied to. Proposal: use data about TM use … Continue reading
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Tagged IPSC Panel 15 – Trademark Law II conferences, trademark
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suit against laser-bearing baseball hat (for hair regrowth) proceeds
Cooper v. Curallux LLC, 2020 WL 4732193, No. 20-cv-02455-PJH (N.D. Cal. Aug. 14, 2020) Curallux makes “baseball-style hats with lasers in them” and advertises them as hair regrowth products that are “without side effects” and “physician recommended.” Cooper brought the … Continue reading
using picture of competitor’s product as reverse passing off
John Bean Tech. Corp. v. B GSE Gp., LLC, 2020 WL 4698984, No. 1:17-cv-142-RJS-DAO (D. Utah Aug. 13, 2020) Plaintiff JBT “is a major player in the aviation industry for ground support equipment,” used to maintain aircraft, including preconditioned air … Continue reading
deceptive resort fee case against Marriott survives
Hall v. Marriott Int’l, Inc., No. 19-CV-1715 JLS (AHG), 2020 WL 4727069 (S.D. Cal. Aug. 14, 2020) A class action against Marriott for deceptive “resort” and other added fees that make the total price of a hotel room impossible to … Continue reading
UCL claim against Twitter survives where advertiser allegedly was charged for bot activity
DotStrategy Co. v. Twitter Inc., 2020 WL 4465966, No. 19-cv-06176-CRB (N.D. Cal. Aug. 3, 2020) Twitter “promises advertisers on its platform that they will only be charged when “people” interact with the accounts or Tweets they are paying to promote.” … Continue reading
continued claim, including failure to edit existing YouTube video, leads to contempt finding
De Simone v. VSL Pharmaceuticals, Inc., 2020 WL 4368103, No. TDC-15-1356 (D. Md. Jul. 30, 2020) Disclosure: I filed an amicus brief in support of De Simone on one legal issue (the proper standard for a Lanham Act literal falsity … Continue reading
patent publication privilege mostly protects licensee against licensor’s false advertising claims
AU New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW, 2020 WL 4366394 (S.D.N.Y. Jul. 30, 2020) Summarizing only a few key issues: YKK entered into an exclusive licensing agreement (the ELA) with the owners of a recently issued patent. The … Continue reading
Rebecca Tushnet 