Author Archives: rtushnet

“Herbal” doesn’t include animal products

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., — Fed.Appx. —-, 2017 WL 4118381, No. 17-55198 (9th Cir. Sept. 15, 2017) VBS makes a commercial television live auction show named “DAU GIA TREN TRUYEN HINH” (“Fight Price on Television”). It primarily … Continue reading

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Adding clickbait title isn’t false advertising or fraud on author

Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017) Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various fraud/false advertising … Continue reading

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Reading list: consequences of 1A protections for off-label promotion

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading

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Reading list: the consumer in TM law

Kimberlee G. Weatherall, The Consumer as the Empirical Measure of Trade Mark Law, The Modern Law Review, Vol. 80, No. 1, pp. 57-87, 2017 Although consumer responses to signs and symbols lie at the heart of trade mark law, courts … Continue reading

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Right of publicity question of the day

Restaurant: Thelonious Monkfish from Blogger http://ift.tt/2ffUTgO

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SPIRE-inspired TM suit fails to enjoin noncompetitor

Spire, Inc. v. Cellular South, Inc., 2017 WL 3995759, No. 17-00266 (S.D. Ala. Sept. 11, 2017) Spire, a provider of natural gas fueling services, sought a declaratory judgment against Cellular South, d/b/a C SPIRE, a wireless telecommunications provider that also … Continue reading

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Twitter news

An enterprising law student is livetweeting from the ABA’s Trademark Day at the PTO, @stemlak  Also, I’m now Twitter verified, which has yet to change my life, but I have hopes. from Blogger http://ift.tt/2wpTRkX

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