Author Archives: rtushnet

Eyelash wars: court tosses counterfeiting claim, allows (c) claim to continue

Posted on February 15, 2019 by rtushnet

Boost Beauty, LLC v. Woo Signatures, LLC, 2019 WL 560277, No. 2:18-cv-02960-CAS(Ex) (C.D. Cal. Feb. 11, 2019) Mark Lemley says that many businesses think the term “unfair competition” is redundant; many trademark plaintiffs likewise think that “infringement” means “counterfeiting.” Here, … Continue reading →

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TM Reading list: Legal Realism: Unfinished Business by Ramsi A. Woodcock

Posted on February 15, 2019 by rtushnet

Short and punchy: For the realist, legal reasoning lacks the determinacy of mathematics because, looked at from the right angle, anything can be analogized to anything else. Trademarks are like easements in that they are both contingent on ownership of … Continue reading →

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Influencer’s laundry list complaint against PopSugar survives motion to dismiss

Posted on February 13, 2019 by rtushnet

Batra v. Popsugar, Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018) Batra sued Popsugar for removing the CMI of her photograph, infringing her copyright, violating her right of publicity, intentionally interfering with her contracts, engaging in false … Continue reading →

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False advertising claim based on patent threats fails to overcome high hurdles for such a claim

Posted on February 13, 2019 by rtushnet

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, 2019 WL 498303, No. 18 Civ. 04208 (ER) (S.D.N.Y. Feb. 8, 2019) Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for falsely claiming that … Continue reading →

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FTC standards for “made in the USA” support competitor’s literal falsity claim

Posted on February 13, 2019 by rtushnet

BenShot, LLC v. Lucky Shot USA LLC, 2019 WL 527829, No. 18-C-1716 (E.D. Wis. Feb. 11, 2019) “In 2015, BenShot began selling drinking glasses with bullets embedded in the side via an insertion in the glass.”  In 2016, Lucky Shot … Continue reading →

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Amicus brief in Mongols TM forfeiture case

Posted on February 13, 2019 by rtushnet

Stacey Dogan, Mark Lemley, Jessica Litman, Mark McKenna, Jennifer Rothman, Jessica Silbey, and I filed an amicus in the Mongols trademark forfeiture case.  We argue that, while trademark forfeiture is generally possible, any successful transfer would have to include goodwill. … Continue reading →

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Booking.com isn’t generic, but might find it hard to prove infringement

Posted on February 13, 2019 by rtushnet

Booking.com B.V. v. U.S. Patent & Trademark Office, No. 17-2458 (4th Cir. Feb. 4, 2019) In some ways, the biggest change in trademark law since the Lanham Act was adopted was the shift of the courts from accepting prophylactic rules … Continue reading →

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better bank battle: false use of (R) can’t support false advertising claim

Posted on February 13, 2019 by rtushnet

San Diego County Credit Union v. Citizens Equity First Credit Union, No. 18cv967-GPC(RBB), 2019 WL 446475 (S.D. Cal. Feb. 5, 2019) SDCCU sued CEFCU, its competitor in the credit union market, seeking a declaratory judgment of non-infringement and invalidity of … Continue reading →

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

Posted on February 13, 2019 by rtushnet

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading →

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

Posted on February 12, 2019 by rtushnet

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading →

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