Author Archives: rtushnet

Star Trekkin’ across the universe of fair use

Posted on March 21, 2019 by rtushnet

I like Star Trek better than Dr. Seuss, ok? Dr. Seuss Enters., L.P. v. ComicMix LLC, No. 16-CV-2779 JLS (BGS) (S.D. Cal. Mar. 12, 2019) DSE owns the copyrights to the works of Theodor S. Geisel, better known as Dr. … Continue reading →

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court, while uncomfy with some Amazon techniques, declines to grant PI

Posted on March 20, 2019 by rtushnet

Comphy Co. v. Amazon.com, Inc., NO. C18-1460RSM (W.D. Wash. Mar. 12, 2019) The Comphy Company markets itself as a luxury company, historically supplying its linens to luxury spas. Ultimately, Plaintiff decided to start retailing its products online through its own … Continue reading →

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Apple’s misleading use of “episode” to describe promo clips could lead to liability (w/o its contract)

Posted on March 20, 2019 by rtushnet

Zaragoza v. Apple Inc., 2019 WL 1171161, No. 18-cv-06139-PJH (N.D. Cal. Mar. 13, 2019) Plaintiffs sued Apple for how it sells TV seasons on its iTunes store. The home page for each season “provides general information about the season and … Continue reading →

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Lanham Act claim based on patent threats fails even with invalidation of the patent

Posted on March 20, 2019 by rtushnet

American Fireglass v. Moderustic, Inc., — F.Supp.3d —-, 2019 WL 1227963, No. 15-CV-2866 JLS (BGS) (S.D. Cal. Mar. 15, 2019) The parties compete in the market for pieces of broken tempered glass for use in fireplaces and fire pits (Moderustic … Continue reading →

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commercial speech requirement defeats Lanham Act claim against competing news channel

Posted on March 20, 2019 by rtushnet

Tang v. Guo, No. 17 Civ. 9031 (JFK), 2019 WL 1207859 (S.D.N.Y. Mar. 14, 2019) Plaintiff Tang is a political activist, author, and “one of the leading Chinese political dissidents.” He currently runs two pro-democracy nonprofit organizations and co-founded the … Continue reading →

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Expedia’s “sold out” labels and diversionary phone numbers for hotels lead to class certification

Posted on March 19, 2019 by rtushnet

Buckeye Tree Lodge & Sequoia Village Inn, LLC v. Expedia, Inc., No. 16-cv-04721-VC, 2019 WL 1170489 (N.D. Cal. Mar. 13, 2019) Really interesting false advertising class action, with a smaller-than-plaintiffs-wanted class of hotels certified against Expedia, which offers hotel bookings … Continue reading →

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consumer successfully pleads falsity for “weight management” supplement

Posted on March 19, 2019 by rtushnet

Nathan v. Vitamin Shoppe, Inc., 2019 WL 1200554, No. 17-cv-01590-BEN-KSC (S.D. Cal. Mar. 12, 2019) Vitamin Shoppe sells Garcinia Cambogia Extract with a label promising “Weight Management” and “Appetite Control.” Nathan alleged that this was false and misleading, since GCE … Continue reading →

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mere market participation insufficient to allege standing in noncomparative advertising case

Posted on March 19, 2019 by rtushnet

AAVN, Inc. v. Westpoint Home, Inc., 2019 WL 1168102, No. 17-CV-8329 (N.D. Ill. Mar. 13, 2019) AAVN sells woven textile fabrics, including fabrics made from a cotton-polyester blend. AAVN’s president owns patents that teach a method of manufacturing a cotton-polyester … Continue reading →

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misrepresentation that OSHA rules required certain tools was literally false

Posted on March 19, 2019 by rtushnet

Louisiana-Pacific Corp. v. James Hardie Building Products Inc., 2018 WL 7272047, No. 18-cv-00447-JPM (M.D. Tenn. Dec. 20, 2018) “This is an unfair trade practices action between two fierce competitors in the residential and multi-family home siding market.” Defendant JH is … Continue reading →

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can a retailer be directly liable for false advertising on packages?

Posted on March 18, 2019 by rtushnet

two cases (out of several involving this plaintiff) Outlaw Laboratory, LP v. Shenoor Enterprise, Inc., 2019 WL 1040644, No. 18-CV-2299-B (N.D. Tex. Mar. 4, 2019) Outlaw, which makes male dietary supplements, sued convenience stores because they “advertise and offer for … Continue reading →

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