Author Archives: rtushnet

Pot site’s negative report on CBD from hops wasn’t commercial speech

Posted on November 18, 2019 by rtushnet

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading →

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right of publicity question of the day, RBG edition

Posted on November 18, 2019 by rtushnet

Right of publicity question of the day: leopard print shirt made of Ruth Bader Ginsburg portraits. Discuss. from Blogger https://ift.tt/2XrPXHo

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Colorado labeling doesn’t dispel potential falsity of “Kona” for coffee

Posted on November 13, 2019 by rtushnet

Corker v. Costco Wholesale Corp., 2019 WL 5887340, No. C19-0290RSL (W.D. Wash. Nov. 12, 2019) Plaintiffs, coffee farmers in the Kona District of the Big Island of Hawaii, alleged that defendant Boyer’s falsely designates the geographic origin of its coffee … Continue reading →

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claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by rtushnet

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading →

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nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

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pleading falsity can be done even with sophisticated consumers

Posted on November 6, 2019 by rtushnet

10x Genomics, Inc. v. Celsee, Inc., 2019 WL 5595666, No. 19-862-CFC-SRF (D. Del. Oct. 30, 2019) (magistrate) Skipping the patent parts.  “10x is a life sciences technology company that markets and sells its Chromium product line, which provides researchers with … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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Lack of personal jurisdiction leads to fee award in (c)/false advertising case

Posted on October 31, 2019 by rtushnet

International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. Nev. Oct. 29, 2019) Not gonna lie, I’m here for the defendants, the OECD and Joseph Stiglitz.   IIM, a small Nevada think tank, … Continue reading →

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Trademark overprotection panel, Suffolk

Posted on October 30, 2019 by rtushnet

Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprotection” by Courts and the PTO. What Happens When Institutions Overprotect Trademark Rights? Moderator: Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor … Continue reading →

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