Author Archives: rtushnet

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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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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