Author Archives: rtushnet

fake online review by competitor wasn’t advertising/promotion, 10th Circuit says

Posted on August 16, 2019 by rtushnet

Wilson v. AdvisorLaw LLC, — Fed.Appx. —-, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relationship with AdvisorLaw that ended badly in November 2016. Later that day, a “Patrick Erickson,” allegedly from New … Continue reading →

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Reading list: once upon a time in student debt

Posted on August 15, 2019 by rtushnet

Now that’s how to get people reading: Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People Victoria J. Haneman Creighton University – School of Law Once upon a time, there was a generation of indentured servants called Millennials. They … Continue reading →

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a made-up credential implying a doctorate is inherently misleading

Posted on August 15, 2019 by rtushnet

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading →

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Kellogg’s un-FDAMA-approved health claim was “unlawful” under UCL

Posted on August 15, 2019 by rtushnet

Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UCL makes “unlawful” conduct a violation even without separate consumer deception (although consumer belief may be important for damages causation).  … Continue reading →

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Bobby Brown’s failed ROP claim shows some of the cracks in the current ROP tests

Posted on August 15, 2019 by rtushnet

Brown v. Showtime Networks, Inc., No. 18 Civ. 11078 (CM) (JLC), 2019 BL 290214 (S.D.N.Y. Aug. 02, 2019) Bobby Brown and the Estate of Bobbi Kristina Brown sued Showtime and the BBC (which got out of the case on jurisdictional … Continue reading →

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click tracking makes online false advertising harm reparable, preliminary injunction inappropriate

Posted on August 12, 2019 by rtushnet

Carson Optical, Inc. v. Alista Corp., 2019 WL 3729460, No. 19-cv-1725 (SJF)(AKT) (E.D.N.Y. Aug. 8, 2019) Carson sells three products on Amazon that have a magnifying mirror: a folding compact lighted mirror, a round lighted mirror with suction cup base, … Continue reading →

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anti-tanning public service campaign targeted all tanning salons, thus couldn’t disparage them

Posted on August 12, 2019 by rtushnet

JB & Associates, Inc. v. Nebraska Cancer Coalition, — N.W.2d —-, 303 Neb. 855, No. S-18-719, 2019 WL 3756342 (Aug. 9, 2019) Appellants, several tanning salons, appealed their dismissal of defamation and product disparagement claims under Nebraska’s Uniform Deceptive Trade … Continue reading →

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statements about guest’s supposed misbehavior at fan convention aren’t actionable under Lanham Act

Posted on August 12, 2019 by rtushnet

Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of entities mostly for defamation and disparagement under federal and Nevada laws. “Alexander is an erotic romance novelist and … Continue reading →

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ownership of building doesn’t convey ownership of (once related) tenant’s TM

Posted on August 12, 2019 by rtushnet

Long Grove Investments, LLC v. Baldi Candy Co., No. 18-cv-5237, 2019 WL 3716841 (N.D. Ill. Aug. 7, 2019) Plaintiff Long Grove owns a building in Long Grove, Illinois, “in which a beloved bakery, the Long Grove Apple Haus, once thrived, … Continue reading →

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IPSC: Closing Plenary

Posted on August 10, 2019 by rtushnet

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading →

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