Monthly Archives: April 2023

Press release touting preliminary injunction can found false advertising counterclaims

Posted on April 18, 2023 by rtushnet

Zest Anchors, LLC v. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D. Cal. Apr. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade … Continue reading →

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Monster wins permanent injunction against VPX in false advertising case

Posted on April 18, 2023 by rtushnet

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2023 WL 2918724, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Apr. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in … Continue reading →

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timeshare exit firm wins fee award where plaintiff failed to show key elements of claim

Posted on April 17, 2023 by rtushnet

Club Exploria, LLC v. Aaronson, Austin, P.A., 2022 WL 19479011, No 6:18-cv-576-JA-DCI (M.D. Fla. Nov. 4, 2022) (R&R) “[F]ew parties are as adversarial—or as litigious—as timeshare developers and timeshare exit companies.” Plaintiffs, timeshare developers, sued defendants, a timeshare exit law … Continue reading →

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Agency liability theory satisfies “commercial advertising or promotion” requirement of promoting one’s own products/services

Posted on April 17, 2023 by rtushnet

Ariix, LLC v. Nutrisearch Corp., 2023 WL 2933306, No. 17CV320-LAB (DDL) (S.D. Cal. Apr. 13, 2023) Previous court of appeals ruling discussed here. Ariix alleged that NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements, and the Guide’s … Continue reading →

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even if retailer is responsible for price premium, misleading label is actionable

Posted on April 17, 2023 by rtushnet

DiGiacinto v. RB Health (US) LLC, — F.Supp.3d —-, 2023 WL 2918745, No. 22-cv-04690-DMR (N.D. Cal. Apr. 11, 2023) Plaintiff alleged that Children’s Delsym Cough Relief was misleadingly marketed as different from, and more expensive than, the adult product, when … Continue reading →

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Even in default, it’s not TM infringement to resell legitimate goods (but maybe false advertising to call them new)

Posted on April 17, 2023 by rtushnet

Quincy Bioscience, LLC v. BRYK Enters., LLC, 2023 WL 2933464, No. 22-cv-658-jdp (W.D. Wis. Apr. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first … Continue reading →

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Bad Spaniels: trademark parody and fair use doctrines at Northeastern, Apr. 13, 4 pm

Posted on April 10, 2023 by rtushnet

Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 – 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives

Posted on April 8, 2023 by rtushnet

Moderator: Daphne Keller, Stanford Cyber Policy Center    DSA represents a shift to operational mandates compared to DMCA, Art. 17—thoughts? Sabrina Perelman, Pinterest: Important to remember what DSA is and isn’t. We’ve preserved the safe harbor, prohibition against general monitoring. … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA

Posted on April 7, 2023 by rtushnet

 Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights        João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Shira Perlmutter, Register of Copyrights, Keynote on emerging tech

Posted on April 7, 2023 by rtushnet

Shira Perlmutter AI detection and AI generation of content: CO has role to play in applications for registration and as advisors to Congress/exec branch on © law and policy. Use of tech measures to detect works online: we published a … Continue reading →

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