Monthly Archives: July 2023

Expert witnesses as Lanham Act defendants

Posted on July 10, 2023 by rtushnet

Via an eagle-eyed correspondent: J&J’s bankrupt subsidiary LTL is suing the expert witnesses for the mesothelioma victims in the underlying tort litigation for injurious falsehood, fraud, and Lanham Act violations for disparaging J&J’s Baby Powder as causing mesothelioma. They allege … Continue reading →

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Generic use in the wild

Posted on July 10, 2023 by rtushnet

 Are they really super jeep tours? from Blogger http://tushnet.blogspot.com/2023/07/generic-use-in-wild.html

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Ambiguity could be deceptive where “buy 3 get two free” really meant “get 5 at a lower price per unit”

Posted on July 7, 2023 by rtushnet

Sihler v. Fulfillment Lab, Inc, No. 20cv1528-LL-DDL, 2023 WL 4335735 (S.D. Cal. Jun. 23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. It can be hard to distinguish one case from another … Continue reading →

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Oregon SCt rules on “ascertainable loss” in false discount case

Posted on July 5, 2023 by rtushnet

Clark v. Eddie Bauer LLC, 371 Or. 177, — P.3d —-, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s … Continue reading →

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no predominance of common issues where many consumers would still have taken the drug at issue

Posted on July 3, 2023 by rtushnet

Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharm. Co., 2023 WL 4191651, — F. Supp. 3d –, No. 2:17-cv-07223-JWH-AS (C.D. Cal. May 24, 2023) I tell my students that probabilistic claims are easier for competitors … Continue reading →

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odd 2d Circuit case about misleadingness versus confusion

Posted on July 3, 2023 by rtushnet

Gibson v. SCE Gp. Inc., 2023 WL 4229913, No. 22-916 (2d Cir. Jun. 28, 2023) Another models (and one model’s sister) v. nightclubs case. Gibson et al. appealed partial summary judgment against them on on their claims for false endorsement … Continue reading →

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conclusory allegations of confusion don’t allege statutory standing for TM claim

Posted on July 3, 2023 by rtushnet

Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On … Continue reading →

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

Posted on July 3, 2023 by rtushnet

Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, — F. Supp. 3d — (D.N.J. Jun. 27, 2023)   Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against … Continue reading →

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