Monthly Archives: October 2023

EDNY judge doesn’t have a beef with Wendy’s and McDonald’s ads

Posted on October 10, 2023 by rtushnet

Chimienti v. Wendy’s Int’l, LLC, No. 22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Sept. 30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various … Continue reading →

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YouTube videos aren’t commercial advertising/promotion even if some commercial info is in channel bio

Posted on October 10, 2023 by rtushnet

Wealthy, Inc. v. Cornelia, 2023 WL 6379449, No. 2:21-CV-1173 JCM (EJY) (D. Nev. Sept. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Defendant Buczkowski is … Continue reading →

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literal falsity of claim that website doesn’t allow checkout in under a minute supports preliminary injunction

Posted on October 10, 2023 by rtushnet

Novation Solutions, Inc. (o/a DealMaker) v. Issuance Inc., 2023 WL 6373871, No. 2:23-cv-00696-WLH-KSx (C.D. Cal. Aug. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its … Continue reading →

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Panels on Exploring the New Constitutional Limits on Trademark Law

Posted on October 10, 2023 by rtushnet

FRIDAY, NOV 3 2023 8:45AM – 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program. from Blogger http://tushnet.blogspot.com/2023/10/panels-on-exploring-new-constitutional.html

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Amazon escapes liability for its Brand Registry advertising

Posted on October 9, 2023 by rtushnet

Deetsch v. Lei, 2023 WL 6373073, No. 22-cv-1166-RSH-BLM (S.D. Cal. Jul. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, … Continue reading →

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accusing someone of patent infringement can be actionable disparagement if you know the patent’s invalid

Posted on October 9, 2023 by rtushnet

Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D. Cal. Sept. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for … Continue reading →

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knowingly false statement of regulatory compliance may be actionable

Posted on October 9, 2023 by rtushnet

Dental Recycling North America, Inc. v. Stoma Ventures, LLC, 2023 WL 6389071, No. 4:23 CV 670 CDP (E.D. Mo. Oct. 2, 2023) The parties compete in the market for amalgam capture devices, which remove fillings (or pieces thereof) from dental … Continue reading →

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