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Recent Posts
- BIPLA (Boston Intellectual Property Law Association) Writing Competition call for papers
- Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024
- court remands NYC’s false advertising case against oil companies to state court
- reasonable consumers of ovulation test kits understand details of hormone signalling
- online ingredients list can’t avoid deception claim, at least where survey suggests deception
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Meta
Monthly Archives: April 2024
Tiktok’s other, smaller legal problem
Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading
Posted in Uncategorized
Tagged copyright, dastar, false designation of origin, trade secrets
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Hetronic remand: the continued rise of “use”
Hetronic International, Inc. v. Hetronic Germany GmbH, — F.4th —-, Nos. 20-6057 & 20-6100, 2024 WL 1724995 (10th Cir. Apr. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the … Continue reading
Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim
Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading
Use of competitor’s photo in comparative ads caused no (c) damage, appeals court holds
I Dig Texas, LLC v. Creager, — F.4th —-, 2024 WL 1590590, No. 23-5046 (10th Cir. Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use; the court of appeals affirms … Continue reading
Hospital’s use of Meta’s Pixel, despite promise to keep data private, plausibly deceptive
Mekhail v. North Memorial Health Care, — F.Supp.3d —- , 2024 WL 1332260, No. 23-CV-00440 (KMM/TNL) (D. Minn. Mar. 28, 2024) Mekhail alleged that North’s use of a piece of hidden software on its websites (a pixel developed by Meta) … Continue reading
Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat
Good Meat Project v. GOOD Meat, Inc., — F.Supp.3d —- , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D. Cal. Feb. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. It provides farmers, ranchers, and butchers with … Continue reading
Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action
People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants … Continue reading
Posted in Uncategorized
Tagged consumer protection, damages, false advertising, remedies
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RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications
BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc., — F.4th —-, 2024 WL 1356981, Nos. 22-16190, 22-16281 (9th Cir. Apr. 1, 2023) Over a dissent, the panel reverses the grant of summary judgment on noninfringement, reasoning that the … Continue reading
Dueling surveys don’t defeat class certification in supplement suit
Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s … Continue reading
Posted in Uncategorized
Tagged class actions, consumer protection, false advertising, surveys
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My latest acquisition
My son informs me that this is an “illegal build” but I like it anyway. from Blogger http://tushnet.blogspot.com/2024/04/my-latest-acquisition.html