Monthly Archives: February 2024

Cardozo A&ELJ symposium, Trademark

Posted on February 16, 2024 by rtushnet

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading →

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Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

Posted on February 16, 2024 by rtushnet

Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? Warhol was confused/confusing; lower courts are all over the place in response. Ushered in sea change in terms of how it was used in art cases. For years, … Continue reading →

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False patent marking claims survive even when Dastar bars false advertising claims based on “innovation”

Posted on February 16, 2024 by rtushnet

Lashify, Inc. v. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. Tex. Jan. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash … Continue reading →

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Damages questions preclude certifying a Lanham Act false advertising plaintiff class

Posted on February 16, 2024 by rtushnet

Ciccio v. SmileDirectClub, LLC, 2024 WL 559235, No. 3:19-cv-00845 (M.D. Tenn. Feb. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Under … Continue reading →

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misrepresentation to Amazon isn’t “commercial advertising or promotion”

Posted on February 16, 2024 by rtushnet

Amazon.com, Inc. v. Wong, 2024 WL 553695, NO. C19-0990JLR (W.D. Wash. Feb. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon and Nite Ize sued Wong for selling hundreds of thousands … Continue reading →

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FTC’s new rule against impersonation includes notice of supplemental rulemaking on impersonating individuals

Posted on February 16, 2024 by rtushnet

 Read all about it. from Blogger http://tushnet.blogspot.com/2024/02/ftcs-new-rule-against-impersonation.html

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challenge to Sirius XM’s (huge) junk fees survives

Posted on February 8, 2024 by rtushnet

Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises … Continue reading →

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“recyclable” plausibly misleading where no recycling facilities accept the product

Posted on February 8, 2024 by rtushnet

Della v. Colgate-Palmolive Co., 2024 WL 457798, No. 23-cv-04086-JCS (N.D. Cal. Feb. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are … Continue reading →

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Right of publicity question of the day, Taylor Swift edition

Posted on February 5, 2024 by rtushnet

Is this use of Swift-associated phrases transformative? And really, can you blame them?   from Blogger http://tushnet.blogspot.com/2024/02/right-of-publicity-question-of-day.html

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Transformative work of the day, Omelas edition

Posted on February 5, 2024 by rtushnet

Isabel J. Kim, Why Don’t We Just Kill the Kid in the Omelas Hole. Warning: far more depressing, in my view, than the original. from Blogger http://tushnet.blogspot.com/2024/02/transformative-work-of-day-omelas.html

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