Author Archives: rtushnet

plaintiff suing for noncomparative false advertising fails to establish irreparable harm

Posted on March 15, 2019 by rtushnet

True Organic Products, Inc. v. California Organic Fertilizers, Inc., 2019 WL 1023888, No. 18-CV-1278 AWI EG (E.D. Cal. Mar. 4, 2019) If trademark owners have cause to bemoan eBay’s application to Lanham Act claims, false advertising plaintiffs have even more, … Continue reading →

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sales show format and timing are functional, court finds

Posted on March 15, 2019 by rtushnet

VBS Distribution, Inc. v. Nutrivita Laboratories, Inc., No. SACV 16-01553-CJC(DFM), 2018 WL 5274172 (C.D. Cal. Sept. 10, 2018) The parties compete in the market for nutritional supplements and television programs. VBS sued for Lanham Act and California state unfair competition … Continue reading →

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False advertising & TM fail as workarounds to 230 for software blocking

Posted on March 14, 2019 by rtushnet

PC Drivers Headquarters, LP v. Malwarebytes Inc., 2019 WL 1061739, No. 18-cv-05409-EJD (N.D. Cal. Mar. 6, 2019) PC Drivers alleged that Malwarebytes’ malware detection software wrongfully categorized PC Drivers’ “technical support” software as malware or a “Potentially Unwanted Program” (PUP), … Continue reading →

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“local” is falsifiable but relative, meaning damages for false advertising must be limited

Posted on March 14, 2019 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, 2019 WL 1058234, No. 13-cv-00749 (D. Utah Mar. 5, 2019) Previously, Bimbo won a false advertising claim in front of a jury against U.S. Bakery for trade secret misappropriation and for falsely advertising its … Continue reading →

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It wasn’t malpractice to argue unauthorized use of name was false association, not false advertising

Posted on March 14, 2019 by rtushnet

Majorsky v. Lieber, No. 798 WDA 2017, 2019 WL 1092543 (Pa. Super. Ct. Mar. 8, 2019) Majorsky and two business partners, Douglas and Natale, purchased the D.J. Hess Advertising Company. “D.J. Hess is a partnership that sells promotional products, items … Continue reading →

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copying without infringement, falsity without materiality in adhesive case

Posted on March 14, 2019 by rtushnet

J-B Weld Co., LLC v. Gorilla Glue Co., 2018 WL 6356768, No. 17-CV-03946-LMM (N.D. Ga. Oct. 17, 2018) Among other things, this case is a reminder that when you sue a competitor for false advertising you can often expect counterclaims–here … Continue reading →

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Omission of side effects in lash “cosmetic” ads was plausibly false & misleading

Posted on March 4, 2019 by rtushnet

Lewis v. Rodan & Fields, LLC, 2019 WL 978768, No. 18-cv-02248-PJH (N.D. Cal. Feb. 28, 2019) Nine plaintiffs brought a putative class action alleging that defendant Rodan failed to disclose that its Enhancement Lash Boost eye serum, advertised as a … Continue reading →

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Belmora doesn’t replace 43(a)’s usual requirement of protectable subject matter in standard trade dress case

Posted on February 28, 2019 by rtushnet

Secret of the Islands, Inc. v. Hymans Seafood Company, Inc., 2019 WL 917209, No. 2:17-cv-342-BHH (D.S.C. Feb. 25, 2019) SOTI sells salt scrubs and other body products; salt scrubs can be used as hand soap, but also exfoliate and moisturize. … Continue reading →

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ICANN and the New Top-Level Domains, panel 2

Posted on February 26, 2019 by rtushnet

ICANN and the New Top-Level Domains “Walled Gardens:” Should gTLDs Become Private Platforms? Becky Burr, ICANN Board & Neustar: We used to talk about .kids as a walled garden/moderated content for kids, a safe space. [Based on what we know … Continue reading →

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ICANN and the New Top-Level Domains part 1

Posted on February 25, 2019 by rtushnet

American University Washington College of Law YouTube link Welcome, Christine Haight Farley, American University Washington College of Law We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains (“gTLDs”) … Continue reading →

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