Monthly Archives: December 2020

mere direct competition doesn’t plausibly plead false advertising standing

Posted on December 8, 2020 by rtushnet

Allbirds, Inc. v. Giesswein Walkwaren AG, 2020 WL 6826487, No. 19-cv-05638-BLF (N.D. Cal. Jun. 4, 2020) Allbirds sued Giesswein for trademark and related claims, and Giesswein counterclaimed for false advertising under state and federal law; the counterclaims are at issue … Continue reading →

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Power pack plausibly promises more than it delivers

Posted on December 8, 2020 by rtushnet

Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared … Continue reading →

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failure to disclose influencer payment/review connections is misleading

Posted on December 7, 2020 by rtushnet

EIS, Inc. v. Wow Tech Int’l GMBH, 2020 WL 7027528, No. 19-1227-LPS (D. Del. Nov. 30, 2020) The parties make vibrators. EIS sued defendants for violations of the Lanham Act, Delaware common law on unfair competition, the Delaware Deceptive Trade … Continue reading →

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false designation of origin that fools Customs, not consumers, is not actionable

Posted on December 7, 2020 by rtushnet

Diamond Sawblades Manufacturers’ Coalition v. Diamond Tools Tech., LLC, 2020 WL 7028029, No. 1:19-cv-04674-TWP-TAB (S.D. Ind. Nov. 30, 2020) Plaintiffs sued defendants for RICO and Lanham Act violations and for prohibited predatory pricing, tortious interference, and civil conspiracy under state … Continue reading →

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allegedly false warranty letter not material, but could still be TM infringement

Posted on December 7, 2020 by rtushnet

Window World Int’l, LLC v. O’Toole, 2020 WL 7041814, No. 4:19-cv-2363-SEP (E.D. Mo. Nov. 30, 2020) Plaintiff WW sells exterior home remodeling products, and licenses independently owned/operated franchises to distribute them. Defendants are franchisees/related people. They sued WW in North … Continue reading →

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negligence claim v Amazon survives when 230 bars false advertising claim

Posted on December 7, 2020 by rtushnet

Brodie v. Green Spot Foods, LLC, 2020 WL 7027594, No. 20 Civ. 1178 (ER) (S.D.N.Y. Nov. 30, 2020) Brodie sued Green Spot and Amazon for “injuries she sustained after consuming a product known as Better than Pasta, which she purchased … Continue reading →

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Comments on DMCA reform

Posted on December 2, 2020 by rtushnet

Senator Tillis has been soliciting suggestions for DMCA reform (including 512, 1201, and 1202). With Jessica Litman, Pam Samuelson, and Jennifer Urban, I submitted responses. The Organization for Transformative Works, on whose legal committee I serve, also submitted responses.  from … Continue reading →

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