Author Archives: rtushnet

ingredient supplier has standing against disparagement of products/false claims about competing product

Posted on October 10, 2019 by rtushnet

ThermoLife Int’l LLC v. Vital Pharms. Inc., No. 19-cv-61380-BLOOM/Valle, 2019 WL 4954622 (S.D. Fla. Oct. 8, 2019) ThermoLife licenses/sells a patented creatine nitrate used in dietary supplements, which is allegedly included in many top-selling dietary supplements. VPX allegedly attacked ThermoLife’s … Continue reading →

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medical influencers show up in false advertising case

Posted on October 4, 2019 by rtushnet

Wright Medical Technology, Inc. v. Paragon 28, Inc., 2019 WL 4751807,  No. 18-cv-00691-PAB-STV (D. Colo. Sept. 30, 2019) Wright is a medical device developer, manufacturer, and distributor; its products include surgical plates and other instruments used to repair bones in … Continue reading →

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Lexmark is super-clear: business customers can’t sue for Lanham Act false advertising

Posted on October 4, 2019 by rtushnet

Jiaherb, Inc. v. MTC Indus., Inc., 2019 WL 4785784, Civil No. 18-15532 (KSH) (CLW) (D.N.J. Sept. 30, 2019) Brief but very clear statement: after Lexmark, business customers can’t bring Lanham Act claims. Jiaherb makes herbal extracts and other natural products, … Continue reading →

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Bad definition of suggestiveness in a sad TM case about anti-hate groups

Posted on October 4, 2019 by rtushnet

Life After Hate, Inc. v. Free Radicals Project, Inc., 2019 WL 4825072, No. 18 C 6967 (N.D. Ill Sept. 30, 2019) “At a time when people—particularly young people—are being radicalized online with alarming frequency, nonprofit organizations like Life After Hate … Continue reading →

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“use in a TM way” just creates another fact issue in the 6th circuit

Posted on October 4, 2019 by rtushnet

Ford Motor Co. v. InterMotive, Inc., No. 17-CV-11584-TGB, 2019 WL 4746811 (E.D. Mich. Sept. 30, 2019) Ford sued InterMotive for trademark infringement, false designation of origin, trademark dilution, cancelation of trademark registration, and declaratory judgment for using Ford’s trademarks in … Continue reading →

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small wonder: sleeve undergarment isn’t valid trade dress/innovation claim isn’t false advertising

Posted on September 27, 2019 by rtushnet

R and A Synergy LLC v. Spanx, Inc., No. 2:17-cv-09147-SVW-AS, 2019 WL 4390564 (C.D. Cal. May 1, 2019) The court dismissed trademark and false advertising claims brought by R&A based on their “Sleevey Wonders” sleeved undergarments designed to be worn … Continue reading →

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Suffolk University IP Conference, Oct. 29-30

Posted on September 27, 2019 by rtushnet

Webpage here.  Draft schedule (subject to change) is available to download. Current Confirmed Speakers and panelists include: Erich Anderson, Corporate Vice President and Chief Intellectual Property Officer, Microsoft Eric. E. Bensen, Co-Author, Milgrim on Trade Secret Deepika Bhayana, Senior Managing Director, IP … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

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Allergan gets small damages award in case against compounder

Posted on September 26, 2019 by rtushnet

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4546897, No. 17-cv-01551-DOC-JDE (C.D. Cal. Aug. 2, 2019) Previous discussion of liability issues in this pharmaco v. compounder false advertising case. After the court awarded partial summary judgment to Allergan (falsity … Continue reading →

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