Monthly Archives: October 2021

facially plausible false advertising claim can be added to TM complaint

Posted on October 29, 2021 by rtushnet

In case you’re looking for a roadmap for leave to amend:  Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, No. 20 Civ. 4604 (KPF) (S.D.N.Y. Oct. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation … Continue reading →

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Lanham Act willfulness satisfies Bankruptcy Act willful/malicious standard

Posted on October 29, 2021 by rtushnet

In re Better Than Logs, Inc., 631 B.R. 670, No. 20-20160-BPH (D. Mont. Jun. 11, 2021) A rare bankruptcy/false advertising interaction. Creditor Everlog sued BTL for patent infringement and false advertising; BTL ultimately defaulted and Everlog was awared nearly $1 … Continue reading →

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Seen in NYC: the Twix bar that isn’t.

Posted on October 26, 2021 by rtushnet

 Yum. “A shortbread cookie topped with a layer of caramel, a layer of chocolate ganache, dipped in dark chocolate and drizzled with white chocolate.” from Blogger https://ift.tt/3jGn1Yt

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

Posted on October 26, 2021 by rtushnet

Wyndham Vacation Ownership, Inc. v. Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D. Fla. Sept. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales … Continue reading →

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Court rejects “buy button” false advertising claim because consumer hasn’t yet lost access to “purchased” content

Posted on October 25, 2021 by rtushnet

Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple, the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost … Continue reading →

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Puzzlingly calling a venue name a “title,” court nonetheless rejects claim against MTV show

Posted on October 25, 2021 by rtushnet

MGFB Properties, Inc. v. ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. Fla. Sept. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. The district court granted summary … Continue reading →

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“virologist developed” etc. plausibly implies disease prevention

Posted on October 25, 2021 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2021 WL 4866124, No. 21cv137-GPC(AGS) (S.D. Cal. Oct. 19, 2021) This is a putative class action for violations of consumer fraud statutes in the sale of Sambucol, a dietary supplement that contains a “proprietary extract” … Continue reading →

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Tiffany blues

Posted on October 19, 2021 by rtushnet

 Today’s swag for use in class, Stuart Semple’s Tiff (or is it Tiff—?): packaging from Blogger https://ift.tt/3vpXx6r

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Trump loses motion to dismiss Electric Avenue case on fair use grounds

Posted on October 13, 2021 by rtushnet

Grant v. Trump, No. 20-cv-7103 (JGK) (S.D.N.Y. Sept. 28, 2021) Eddy Grant sued Trump and his campaign for retweeting a pro-Trump video that used Grant’s famous “Electric Avenue” without authorization. Although the motion to dismiss was far better argued than … Continue reading →

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over dissent, 9th Cir. denies injury presumption to false advertising claimant

Posted on October 12, 2021 by rtushnet

Quidel Corp. v. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9th Cir. Oct. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. … Continue reading →

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