Author Archives: rtushnet

failure to disclose influencer payment/review connections is misleading

Posted on December 7, 2020 by rtushnet

EIS, Inc. v. Wow Tech Int’l GMBH, 2020 WL 7027528, No. 19-1227-LPS (D. Del. Nov. 30, 2020) The parties make vibrators. EIS sued defendants for violations of the Lanham Act, Delaware common law on unfair competition, the Delaware Deceptive Trade … Continue reading →

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false designation of origin that fools Customs, not consumers, is not actionable

Posted on December 7, 2020 by rtushnet

Diamond Sawblades Manufacturers’ Coalition v. Diamond Tools Tech., LLC, 2020 WL 7028029, No. 1:19-cv-04674-TWP-TAB (S.D. Ind. Nov. 30, 2020) Plaintiffs sued defendants for RICO and Lanham Act violations and for prohibited predatory pricing, tortious interference, and civil conspiracy under state … Continue reading →

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allegedly false warranty letter not material, but could still be TM infringement

Posted on December 7, 2020 by rtushnet

Window World Int’l, LLC v. O’Toole, 2020 WL 7041814, No. 4:19-cv-2363-SEP (E.D. Mo. Nov. 30, 2020) Plaintiff WW sells exterior home remodeling products, and licenses independently owned/operated franchises to distribute them. Defendants are franchisees/related people. They sued WW in North … Continue reading →

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negligence claim v Amazon survives when 230 bars false advertising claim

Posted on December 7, 2020 by rtushnet

Brodie v. Green Spot Foods, LLC, 2020 WL 7027594, No. 20 Civ. 1178 (ER) (S.D.N.Y. Nov. 30, 2020) Brodie sued Green Spot and Amazon for “injuries she sustained after consuming a product known as Better than Pasta, which she purchased … Continue reading →

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Comments on DMCA reform

Posted on December 2, 2020 by rtushnet

Senator Tillis has been soliciting suggestions for DMCA reform (including 512, 1201, and 1202). With Jessica Litman, Pam Samuelson, and Jennifer Urban, I submitted responses. The Organization for Transformative Works, on whose legal committee I serve, also submitted responses.  from … Continue reading →

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advertiser can amend complaint against Facebook for click fraud claims

Posted on November 12, 2020 by rtushnet

DotStrategy Co. v. Facebook Inc., No. C 20-00170 WHA, 2020 WL 6591366 (N.D. Cal. Nov. 11, 2020) The court grants plaintiff’s motion for leave to amend its complaint in this putative class action alleging that FB’s statements about advertising on … Continue reading →

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timeshare exit lawyer wins a round: no harm causation shown

Posted on November 12, 2020 by rtushnet

Club Exploria, LLC v. Aaronson, Austin, P.A., No. 18-cv-576-Orl-28DCI, 2020 WL 6585802 (M.D. Fla. Nov. 10, 2020) Another timeshare v. timeshare exit lawyer case that goes much better for the defendant than some others. Briefly, the plaintiff seems to have … Continue reading →

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Peloton’s music troubles give it consumer protection troubles over “ever-growing library” claim

Posted on November 12, 2020 by rtushnet

Fishon v. Peloton Interactive, Inc., 2020 WL 6564755, No. 19-cv-11711 (LJL) (S.D.N.Y. Nov. 9, 2020) Peloton streams live and on-demand fitness classes requiring a monthly subscription fee. Certain Peloton ads described the library of fitness classes as “ever-growing.” But in … Continue reading →

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Posted on November 12, 2020 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading →

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Amicus brief in Stouffer v. Nat’l Geographic (a title v title infringement case)

Posted on November 10, 2020 by rtushnet

With Mark Lemley, Mark McKenna, and a number of other IP professors, I submitted this amicus brief arguing that the 10th Circuit should adopt Rogers v. Grimaldi (without any exclusion for title v title claims) for assessing trademark claims against … Continue reading →

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