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- 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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Author Archives: rtushnet
BIPLA (Boston Intellectual Property Law Association) Writing Competition call for papers
1st Prize:$1,000 2nd Prize:$500 BIPLA is once again holding its annual Writing Competition. Law school students are encouraged to submit papers relating to topics involving intellectual property law. Judges will consider the merits of each paper based on: (i) contribution … Continue reading
Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024
The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and … Continue reading
court remands NYC’s false advertising case against oil companies to state court
City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee … Continue reading
Posted in Uncategorized
Tagged consumer protection, false advertising, first amendment
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reasonable consumers of ovulation test kits understand details of hormone signalling
La Rosa v. Abbott Laboratories, No. 22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. May 7, 2024) Plaintiffs alleged that defendants’ at-home ovulation test kits were deceptive because they advertised “ovulation test kits” alongside the front-of-package statement “99% ACCURATE,” which conveyed … Continue reading
online ingredients list can’t avoid deception claim, at least where survey suggests deception
Duncan v. Kahala Franchising, L.L.C., — F.Supp.3d —-, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold … Continue reading
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