Monthly Archives: February 2025

Rogers v. Grimaldi lives on, at least for work content

Posted on February 28, 2025 by rtushnet

Of note because the lawsuit was brought at all, suggesting that trademark owners are willing to try to roll back any First Amendment protections for noncommercial speech. Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx), 2025 WL 632983 (C.D. Cal. … Continue reading →

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5th Circuit discounts confusion caused by overlap in commonly used arbitrary word

Posted on February 28, 2025 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., No. 24-30111, 2025 WL 586820 (5th Cir. Feb. 24, 2025) District court’s denial of preliminary injunction discussed here. Rampart Resources) provides real estate and property management services in Louisiana, Texas, Arkansas, Mississippi, Alabama, … Continue reading →

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pandemic education shutdowns allow unjust enrichment, not contract or false advertising claims

Posted on February 27, 2025 by rtushnet

Yodice v. Touro College & Univ. Sys., 2025 WL 579957, No. 21cv2026 (DLC) (S.D.N.Y. Feb. 21, 2025) Yodice sued Touro for reimbursement of tuition and fees he paid during the Spring 2020 semester, when Touro’s campuses were closed due to … Continue reading →

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disgorging a CEO’s salary, then trebling the amount?

Posted on February 27, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2025 WL 579641, № 2:21-cv-01149-ODW (RAOx) (C.D. Cal. Feb. 21, 2025) I just posted about courts’ increasing openness to disgorgement. Here, the court trebles an award in a way that seems definitionally disconnected to … Continue reading →

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FDA preclusion doesn’t work as often after Pom Wonderful (or Loper Bright?)

Posted on February 27, 2025 by rtushnet

Pacira BioSciences, Inc. v. Ventis Pharma, Inc., 2025 WL 576549, No. 2:24-cv-07554-MRA-RAO, (C.D. Cal. Jan. 17, 2025) Pacira alleged that its competitor (here Ventis) violated the Lanham Act by making claims about its drugs relating to (1) exemption from FDA … Continue reading →

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Remedy creep: SCt seems to endorse more disgorgement

Posted on February 27, 2025 by rtushnet

Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23–900 (Feb. 26, 2025) We’ve gone very fast from most lower courts saying that willfulness was required for Lanham Act disgorgement/profits awards, to the Court saying that it wasn’t required but was … Continue reading →

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distinguishing false establishment claims from lack of substantiation claims

Posted on February 21, 2025 by rtushnet

Kurin, Inc. v. ICU Medical, Inc., 2024 WL 5416672, No. 8:24-cv-00564-FWS-ADS (C.D. Cal. Nov. 8, 2024) The parties compete in the market for medical devices aimed at addressing blood culture contamination (BCC) in hospitals. BCC is both medically and financially … Continue reading →

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reminder: Harvard/Yale/Stanford Junior Faculty Forum, June 2-3, 2025 submissions due soon

Posted on February 17, 2025 by rtushnet

 Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 2-3, 2025, Harvard Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2025 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Harvard Law School on June 2-3, 2025. … Continue reading →

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game spat expands beyond false advertising to TM and (c)

Posted on February 17, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added … Continue reading →

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J&J’s talc subsidiary can bring trade libel but not Lanham Act claims against testifying experts

Posted on February 14, 2025 by rtushnet

LLT Management LLC v. Emory, No. 4:24-cv-75, 2025 WL 438100 (E.D. Va. Feb. 7, 2025) The defendants “published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had … Continue reading →

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