Monthly Archives: March 2023

Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)

Posted on March 24, 2023 by rtushnet

Media Law Resource Center conference, Southwestern Law School Kevin Vick, Jassy Vick Carolan LLP (Moderator) Just a few panel notes since I’m not going to recap Rogers or MFGB v. Viacom. Evynne Grover, Vice President, Media Liability Claims Practice Leader, … Continue reading →

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Another digital “buy” button case survives motion to dismiss

Posted on March 23, 2023 by rtushnet

McTyere v. Apple, Inc, 2023 WL 2585888, No. 21-CV-1133-LJV (W.D.N.Y. Mar. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital … Continue reading →

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Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

Posted on March 22, 2023 by rtushnet

Ariix LLC v. Usana Health Sci., Inc., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Utah Mar. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. “Nutritional … Continue reading →

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“GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits

Posted on March 22, 2023 by rtushnet

Andrade-Heymsfield v. Nextfoods, Inc., No. 3:21-cv-1446-BTM-MSB, 2023 WL 2576770 (S.D. Cal. Mar. 20, 2023) Plaintiff brought the usual California claims against a line of fruit juices — GoodBelly Probiotic JuiceDrinks — “that expressly or implicitly convey the message that the … Continue reading →

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Call for papers: Trademark and Unfair Competition Scholarship Roundtable 2023

Posted on March 22, 2023 by rtushnet

 Trademark and Unfair Competition Scholarship Roundtable 2023   The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable is designed to be … Continue reading →

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Today at noon EST: free HLS webinar on developing professionalism in students

Posted on March 21, 2023 by rtushnet

 Developing Professionalism in Students Register here: https://harvard.zoom.us/webinar/register/WN_W60Re3yDQRSfSPWgw0EP8Q Noon EST, March 21 What is professionalism for a lawyer? How can we as teachers help students develop professional identities in ways that honor their diversity and commitments? Norms of professionalism can be exclusionary, … Continue reading →

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Panel on Jack Daniels argument at AU-WCL, March 22

Posted on March 20, 2023 by rtushnet

 IP at the Supreme Court Series: Jack Daniel’s Properties, Inc. v. VIP Products LLC March 22 | 5:00 – 6:30pm EDT | Hybrid | NT01 | Reception to FollowRegistration Required Moderated by Professor Christine Farley American University Washington College of Law regularly … Continue reading →

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two melatonin class actions alleging higher doses than needed survive

Posted on March 20, 2023 by rtushnet

Mack v. Amazon.com, 2023 WL 2538706, No. C22-1310-JCC (W.D. Wash. Mar. 16, 2023) Plaintiffs alleged they bought and used Solimo, a melatonin supplement manufactured and sold by Amazon. Each product purports to provide a specific dose of melatonin per serving … Continue reading →

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claims to “take a beating,” “withstand,” and “increase durability” were puffery

Posted on March 20, 2023 by rtushnet

Lowe v. ShieldMark, Inc., No. 1:19CV00748, 2023 WL 2540296 (N.D. Ohio Mar. 16, 2023) Lowe sued ShieldMark for (as relevant here) false advertising of its line floor tape. The court granted summary judgment because the accused statements were not falsifiable: … Continue reading →

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trial court erred by presuming materiality of black box warning; $834 million penalty vacated

Posted on March 20, 2023 by rtushnet

State ex rel. Shikada v. Bristol-Myers Squibb Co., 2023 WL 2519857, SCAP-21-0000363, — P.3d —- (Hawai’i Mar. 15, 2023) The state sued two pharmaceutical companies for violating Hawai‘i’s Unfair or Deceptive Acts or Practices law (UDAP) by misleading the public … Continue reading →

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