Author Archives: rtushnet

“all IP” puts C&D recipient on notice of TM (R), and a bit on the meaning of blue check marks

Posted on August 14, 2020 by rtushnet

Commodores Entertainment Corp. v. McClary, Nos. 19-10791, 19-12819, — Fed.Appx. —-, 2020 WL 4218236 (11th Cir. Jul. 23, 2020) As quickly summarized by the court: The prolonged dispute concerns the ownership of the mark “The Commodores,” the name of a … Continue reading →

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safe harbors under consumer protection law are mostly limited to very specific approvals

Posted on August 14, 2020 by rtushnet

Patane v. Nestlé Waters North America, Inc., No. 3:17-cv-01381 (JAM), 2020 WL 4677636, — F. Supp. 3d – (D. Conn. Aug. 12, 2020)  This case offers a nice overview of the safe harbor provisions in several consumer protection laws. Short … Continue reading →

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fake not-really-third-party reviews can be commercial advertising or promotion

Posted on August 14, 2020 by rtushnet

Sanho Corp. v. KaiJet Tech. Int’l Ltd., No. 1:18-cv-05385-SDG, 2020 WL 4346881 (N.D. Ga. Jul. 29, 2020) Sanho owns rights in a design patent that claims the ornamental design for a multi-function docking station colloquially known as the “HYPERDRIVE,” and … Continue reading →

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statements to 3 of 15 market participants weren’t “commercial advertising or promotion”

Posted on August 13, 2020 by rtushnet

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, No. 18 Civ. 04208 (ER), 2020 WL 4586892 (S.D.N.Y. Aug. 10, 2020)  Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for allegedly falsely telling … Continue reading →

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Trademark first sale still exists, at least when owner retroactively withdraws consent

Posted on August 13, 2020 by rtushnet

Oneida Consumer, LLC v. Fox, No. 2:20-cv-2043, 2020 WL 4582704 (S.D. Ohio Aug. 10, 2020) Oneida sells flatware through a network of authorized retailers, partners, dealers and resellers, as well as through Oneida’s own website and third-party websites such as … Continue reading →

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properly labeled keyword advertising isn’t confusing, court rules

Posted on August 13, 2020 by rtushnet

Sen v. Amazon.com, Inc., No. 16cv1486-JAH (JLB), 2020 WL 4582678 (S.D. Cal. Aug. 10, 2020) Keyword advertising with proper labeling doesn’t infringe trademarks, dooming this lawsuit even if a prior agreement hadn’t applied. Of note: from the court’s description, it … Continue reading →

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Lack of competitive injury dooms false advertising claim against unauthorized image use by strip club

Posted on August 13, 2020 by rtushnet

Geiger v. Creative Impact Inc., No. CV-18-01443-PHX-JAT, 2020 WL 4583625 (D. Ariz. Aug. 10, 2020) The court rejects a motion to reconsider its ruling rejecting Lanham Act false advertising claims based the unauthorized use of plaintiffs’ images by a strip … Continue reading →

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SEC v. Liu supports FTC’s pursuit of restitution in federal court

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Elegant Solutions, Inc., Case No. SACV 19-1333 JVS (KESx), 2020 WL 4390381 (C.D. Cal. Jul. 6, 2020)  I mostly try to find interesting legal issues, but sometimes it’s good to point out the importance of the … Continue reading →

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FTC restrains unsubstantiated coronavirus claims

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Golden Sunrise Nutraceutical, Inc., 2020 WL 4501968, No. 1:20-cv-01060-DAD-SKO (E.D. Cal. Aug. 5, 2020)  Dealing with coronavirus-related claims, the court grants a TRO against defendants, including Tieu (president and CEO of the corporate defendants) and Meis … Continue reading →

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Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Goldman & Tushnet

Posted on August 10, 2020 by rtushnet

(Crossposted from Eric’s blog, with thanks to my assistant Andrew Matthiesen and Eric for all the work they did to get the book out.) Eric Goldman and I are pleased to announce the fifth edition of our casebook, Advertising & … Continue reading →

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