Monthly Archives: September 2024

Revisiting the Silvertop banana costume case

Posted on September 23, 2024 by rtushnet

Silvertop v. Kangaroo (3d Cir. 2019) held that a banana costume was both copyrightable and infringed: In holding that the costume was protectable, the Third Circuit reasoned: Although a banana costume is likely to be yellow, it could be any  … Continue reading →

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“natural” class certified based in part on internal acknowledgement of materiality and potential falsity

Posted on September 20, 2024 by rtushnet

Drake v. Bayer Healthcare LLC, 2024 WL 4204921, No. 22-cv-1085-MMA (JLB) (C.D. Cal. Sept. 16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” They … Continue reading →

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Copyright preemption in trade dress claims?

Posted on September 20, 2024 by rtushnet

Scotts Company LLC v. SBM Life Science Corp., — F.Supp.3d —-, No. 2:23-cv-1541, 2024 WL 4217446 (S.D. Ohio Sept. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged rights in its … Continue reading →

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“Made in the USA” materiality showing requires evidence, not just interested witness testimony

Posted on September 13, 2024 by rtushnet

Illinois Tool Works Inc. v. J-B Weld Co., No. 3:19-cv-1434 (JAM), 2024 WL 4117244 (D. Conn. Sept. 9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” Here, the court kicks out … Continue reading →

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Engagement rings in the news

Posted on September 6, 2024 by rtushnet

 I’m quoted in this story about a dispute in front of the Massachusetts Supreme Judicial Court this week. In the courts of talking to the reporter, I learned that there have been a couple more state supreme court cases since I … Continue reading →

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