Author Archives: rtushnet

Misleading advertising that’s already leaving the market can’t support finding irreparable harm

Posted on February 25, 2019 by rtushnet

Danone, US, LLC v. Chobani, LLC, No. 18 Civ. 11702 (CM), 2019 WL 760040 (S.D.N.Y. Jan. 23, 2019) Danone sued Chobani for advertising that Chobani’s kids’ drinkable yogurt product, Gimmies Milkshakes, contains “33% less sugar than the leading kids’ drinkable … Continue reading →

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Selling copyright-infringing content isn’t trademark infringement or false advertising

Posted on February 25, 2019 by rtushnet

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading →

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Fair use amicus for Google/Oracle cert petition

Posted on February 25, 2019 by rtushnet

Pam Samuelson’s amicus focusing on copyrightability was excellent and I hope it helps persuade the Court to finally take up this important issue in computer software.  I worked on a fair use amicus to point out that the Federal Circuit’s … Continue reading →

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Second Circuit summarily reverses bad Prevagen decision on statistical proof

Posted on February 21, 2019 by rtushnet

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading →

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Show me your teeth: dentist’s before-and-after closeups aren’t copyrightable for want of originality

Posted on February 21, 2019 by rtushnet

Pohl v. MH Sub I, LLC, No. 4:17cv181-MW/CAS (N.D. Fla. Jun. 20, 2018) H/T Daniel Kegan. Dr. Pohl took before-and-after photographs of his cosmetic dental work for his Florida cosmetic dentistry practice’s website. He took such photos of “Belinda” in … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Competitor can’t stop allegedly false promotion of unapproved substances bearing CYA “not for human use” warnings

Posted on February 20, 2019 by rtushnet

Nutrition Distribution LLC v. Pep Research, LLC, 2019 WL 652391, No. 16cv2328-WQH-BLM (S.D. Cal. Feb. 15, 2019) Nutrition Distribution sued Pep for false advertising under the Lanham Act, alleging that its competitor, a supplement company, falsely advertised certain prescription-only drugs … Continue reading →

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ICANN and the New Top-Level Domains: Feb. 25 conference at AU-WCL

Posted on February 19, 2019 by rtushnet

ICANN and the New Top-Level Domains American University Washington College of Law, Room NT01 Monday, February 25, 2019 1:30-5:30pm We are in the midst of an historic expansion of internet domain names with more than 1200 new generic top-level domains … Continue reading →

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No Lanham Act liability for failure to correct another’s misstatement

Posted on February 15, 2019 by rtushnet

GeoMetWatch Corp. v. Hall, No. 1:14-cv-60, 2019 WL 578917 (D. Utah Feb. 12, 2019) Business dispute; of interest here, GeoMet asserted false advertising against defendant AWSF because of two statements about Tempus, with which it was working.  However, both statements … Continue reading →

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