Author Archives: rtushnet

Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

Posted on February 12, 2019 by rtushnet

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading →

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Alkaline water false advertising claim is unappetizing, court rules

Posted on February 12, 2019 by rtushnet

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading →

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WIPIP 2019, Plenary (designs)

Posted on February 12, 2019 by rtushnet

Whole Designs, Sarah Burstein What is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer. Worst design … Continue reading →

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WIPIP 2019, Trademark panel

Posted on February 12, 2019 by rtushnet

On Gripe Sites and Trademark Rights: Taking Stock of Cooperstock, Carys Craig United Airlines v. Cooperstock, Untied.com: United complaint site with an altered/sadface logo and a popup disclaimer. Sued for © and TM infringement, and initially held liable for infringement … Continue reading →

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WIPIP 2019, University of Houston, Copyright panel

Posted on February 12, 2019 by rtushnet

Abandoning Copyrights, Aaron Perzanowski & Dave Fagundes: Unilateral transfer of rights. W/personal property you think about transfer to unknown but discrete third party, but in © abandoned rights are not up for grabs by some new claimant, but rather in … Continue reading →

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100% Natural chicken claims might mislead about antibiotics and other features

Posted on February 5, 2019 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018) FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads … Continue reading →

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

Posted on February 5, 2019 by rtushnet

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading →

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False advertising about sperm sales is legal in Georgia, court rules

Posted on February 5, 2019 by rtushnet

Zelt v. Xytex Corp., — Fed.Appx. —-, 2019 WL 423052 (11th Cir. Feb. 4, 2019) Reproductive rights advocates often make the point that legal interventions to prioritize fetal life over all other considerations have collateral consequences far beyond abortion.  As … Continue reading →

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Swinging for the fences: court finds fraud on PTO from false first use date

Posted on January 31, 2019 by rtushnet

Anello Fence, LLC v. VCA Sons, Inc., 2019 WL 351899, No. 13-3074 (JMV) (JBC) (D.N.J. Jan. 28, 2019) “This trademark case arises out of a family dispute over the use of the last name ‘Anello’ in competing outdoor fencing businesses … Continue reading →

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claim to bring original formula of another’s brand back wasn’t nominative fair use

Posted on January 26, 2019 by rtushnet

GlaxoSmithKline LLC v. Laclede, Inc., 2019 WL 293329, No. 18-CV-4945 (JMF) (S.D.N.Y. Jan. 23, 2019) Judge Furman gets another TM case; in his close adherence to precedent he demonstrates some of the current weak points in TM doctrine, here the … Continue reading →

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