Author Archives: rtushnet

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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funny survey typo doesn’t invalidate confusion survey

Posted on October 19, 2020 by rtushnet

Pinder v. 4716 Inc., 2020 WL 6081498, No. CV-18-02503-RCC (D. Ariz. Oct. 15, 2020) This strip club right of publicity-etc. case is mostly as plaintiff-favorable as others coming out of Arizona. The notable thing: the court says the survey here … Continue reading →

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another G v. O preview, shorter

Posted on October 6, 2020 by rtushnet

IPLAC/CBA (Chicago) panel Intro by Adam Wolek, Taft Law Chris Mohr, GC/VP for IP, Software & Information Indus. Ass’n.: Didn’t participate in this case b/c we have members on both sides. Tension b/t © protection of expression and functionality historically … Continue reading →

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Google v. Oracle argument preview

Posted on October 2, 2020 by rtushnet

Chicago-Kent College of Law 2020 Supreme Court IP Review: Google v. Oracle Copyrightability issue: Pam Samuelson: Supreme Court has 2x decided that functionality defeats ©ability for certain words/symbols when they constitute a system/method for accomplishing a useful result. Paris v. … Continue reading →

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low-quality lead generation leads to deceptive marketing claims

Posted on October 2, 2020 by rtushnet

In re HomeAdvisor, Inc. Litig., No. 16-cv-01849-PAB-KLM, 2020 WL 5798515 (D. Colo. Sept. 29, 2020) HomeAdvisor “is an online marketplace that helps connect persons providing home improvement services, i.e., home service professionals (‘HSPs’), with homeowners in need of such services.” … Continue reading →

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Georgia Supreme Court revives some false advertising claims against sperm bank

Posted on October 2, 2020 by rtushnet

Norman v. Xytex Corp., — S.E.2d —-, 2020 WL 5752325, S19G1486 (Ga. Sept. 28, 2020) Reversing the court of appeals, the Georgia Supreme Court allows plaintiffs to bring false advertising claims against a sperm bank that supplied allegedly falsely advertised … Continue reading →

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inability to rely on claims provides standing to seek injunctive relief in 9th Circuit

Posted on September 30, 2020 by rtushnet

Milan v. Clif Bar & Co., 2020 WL 5760450, No. 18-cv-02354-JD (N.D. Cal. Sept. 28, 2020) Plaintiffs brought the usual California claims against the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “ ‘Classic’ Clif … Continue reading →

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it’s difficult to show injury from false patent marking

Posted on September 30, 2020 by rtushnet

John Bean Technologies Corporation v. Morris & Associates, Inc., 2020 WL 5666898, — Fed.Appx. —-, 2020-1035, 2020-1081 (Fed. Cir. Sept. 24, 2020) District court ruling that false patent marking doesn’t presumptively cause injury even in a two-player market discussed here. … Continue reading →

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mistaken exclusion of materiality survey leads to remand in false advertising case

Posted on September 30, 2020 by rtushnet

Wing Enters., Inc. v. Tricam Indus., Inc., — Fed.Appx. —-, 2020 WL 5739718, 2019-2279 (Fed. Cir. Sept. 25, 2020) A remand because the district court wrongly excluded one survey in this false advertising case (though didn’t abuse its discretion in … Continue reading →

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impersonating company to solicit intimate images for private use isn’t TM infringement/false advertising

Posted on September 30, 2020 by rtushnet

AdoreMe, Inc. v. Watson, 2020 WL 5769083, No. CV 19-8830 FMO (AGRx) (C.D. Cal. Jul. 14, 2020) A fundamentally commercial cause of action can be a bad tool to address even bad noncommercial behavior. AdoreMe sued Watson for trademark infringement … Continue reading →

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