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

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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

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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

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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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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

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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

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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

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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

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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

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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

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