Author Archives: rtushnet

press release in supplement battle could be false advertising

Posted on November 4, 2020 by rtushnet

ThermoLife Int’l LLC v. NeoGenis Labs Inc., 2020 WL 6395442, No. CV-18-02980-PHX-DWL (D. Ariz. Nov. 2, 2020) Plaintiff/counterdefendant ThermoLife and defendant/counterplaintiff HumanN both hold patents related to the use of nitrate technology for supplements. ThermoLife alleged that HumanN engaged in … Continue reading →

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solar flareup: Panasonic and Tesla successor in interest in false advertising battle

Posted on November 3, 2020 by rtushnet

I know you want to read about a false advertising dispute that, for once, tries to work around the restrictions of trademark law and not the other way around! Kinect Solar, LLC v. Panasonic Corp., No. 1:20-CV-378-LY, 2020 WL 6385292 … Continue reading →

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Trade dress question of the day, butterbeer–I mean butterscotch beer–edition

Posted on October 30, 2020 by rtushnet

 Found this product, Flying Cauldron butterscotch cream soda: Harry Potter fans (or former fans), what say you? from Blogger https://ift.tt/3jD47ik

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trademark law continues as 500 pound gorilla in glue case

Posted on October 30, 2020 by rtushnet

J-B Weld Company, LLC v. Gorilla Glue Co., — F.3d —-, 2020 WL 6144561, No. 18-14975 (11th Cir. Oct. 20, 2020) This case illustrates how much leeway trademark claims often get and how little false advertising claims do. My daughter … Continue reading →

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website traffic quality assessment isn’t advertising, or defamatory as to site

Posted on October 30, 2020 by rtushnet

Young Hollywood LLC v. White Ops, Inc., No. CV 20-03334 PA (RAOx), 2020 WL 6162795 (C.D. Cal. Aug. 6, 2020) Plaintiff is a “publisher and distributor of exclusive, premium celebrity and lifestyle content.” Its revenue comes exclusively from advertising and … Continue reading →

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descriptive fair use defeats counterfeiting claim (on PI motion)

Posted on October 29, 2020 by rtushnet

Freelancer Int’l Pty Ltd. v. Upwork Global, Inc., 2020 WL 6271030, No. 20-cv-06132-SI (N.D. Cal. Oct. 23, 2020) The parties compete in offering “software platforms matching freelancers with freelancing jobs.” Plaintiff Freelancer Tech has standard character mark registrations for FREELANCER … Continue reading →

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Disparagement doesn’t cause TM confusion (and a covid-related claim)

Posted on October 29, 2020 by rtushnet

Dupart v. Roussell, 2020 WL 6308339, No. 20-1406 (E.D. La. Oct. 28, 2020) Plaintiffs (Dupart and Harris) alleged that Roussell’s YouTube videos and Instagram posts discuss their personal lives and Dupart’s cosmetics brand, Kaleidoscope, which competes with Roussell’s Sip Cosmetics. … Continue reading →

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robust TX anti-SLAPP law protects critic despite arguments that she was partly competing

Posted on October 19, 2020 by rtushnet

ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/alleged competitor. Black, the managing member of ADB, invented the FasciaBlaster, which is marketed by ADB. The user … Continue reading →

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lack of irreparable harm dooms injunction against false advertising of drug disposal product

Posted on October 19, 2020 by rtushnet

In re C2R Global Manufacturing, Inc., No. 18-30182-beh, 2020 WL 5941330 (E.D. Wisc. Bkcy Oct. 6, 2020) Verde sought a preliminary injunction against C2R, its direct competitor in the drug disposal market, from engaging in false and misleading advertising in … Continue reading →

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omitting “all” or “every” can avoid literal falsity of general claim

Posted on October 19, 2020 by rtushnet

SkyHawke Technologies, LLC v. GolfzonDeca, Inc., No. SACV 19-1692-GW-PLAx, 2020 WL 6115095 (C.D. Cal. Aug. 3, 2020) A limited preliminary injunction turning on the difference between literal falsity and implicit falsity: claims that human beings walked each golf course at … Continue reading →

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