Author Archives: rtushnet

In which I appear as a sideshow (but ABC gets the right result on TM/(c) claim based on news report)

Posted on November 9, 2018 by rtushnet

Manigault v. ABC Inc., 17-CV-7375 (KNF), 2018 WL 5818101 (S.D.N.Y. Oct. 10, 2018) I show up in this opinion because I wrote a blog post and the pro se plaintiff decided that I was some sort of publicist for ABC … Continue reading →

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Straight-up falsity can’t get preliminary injunction where lost sales can be calcuated

Posted on November 9, 2018 by rtushnet

Vault Cargo Management, LLC v. Rhino U.S.A., Inc., No. 18-cv-01517-H-LL, 2018 WL 5809516 (S.D. Cal. Nov. 6, 2018) The parties compete to sell products, including a variety of vehicle straps. Rhino allegedly created the false impression that its products are … Continue reading →

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A watered-down finding of TM infringement: prevailing party gets $0 and no injunction, court tells it to go home

Posted on November 8, 2018 by rtushnet

Evoqua Water Technologies LLC v. M.W. Watermark, LLC, No. 16-cv-14, 2018 WL 5784073 (W.D. Mich. Nov. 5, 2018) Eric Goldman will probably appreciate the court’s takeaway here: “Plaintiff and Defendants are not only business competitors, but also stepchildren, in a … Continue reading →

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Rally ’round the difference between valid and merely descriptive: 8th Circuit gives claimants much to ponder

Posted on November 8, 2018 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., — F.3d —-, 2018 WL 5726690 2018 WL 5726690, No. 17-1762, No. 17-1869, No. 17-2712, No. 17-2731 (8th Cir. Nov. 2, 2018) The court says some very interesting things about … Continue reading →

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Quite a specimen: trademark-filing firms’ legal battle continues, in part

Posted on November 8, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Trademark Engine LLC, 2018 WL 5734621, No. 17-cv-07303-MMC (N.D. Cal. Oct. 31, 2018) RAPC, a law firm, alleged that its competitor TME “operates website TrademarkEngine.com to advertise, promote and provide trademark related services” and used … Continue reading →

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Post-parmesan: 100% grated parmesan still doesn’t have to be 100% grated parmesan, court reiterates

Posted on November 2, 2018 by rtushnet

In re 100% Grated Parmesan Cheese Marketing & Sales Practices Litig., 2018 WL 5717799 No. 16 C 5802, MDL 2705 (N.D. Ill. Nov. 1, 2018) On an amended complaint, the court again dismisses the claims that a cheese product whose … Continue reading →

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Roca Labs’ weight loss claims are losers, and its gag clause fares no better

Posted on November 1, 2018 by rtushnet

FTC v. Roca Labs, Inc., 2018 WL 5629875, No. 15-cv-2231-T-35TBM (M.D. Fla. Sept. 14, 2018) The FTC sued Roca for its advertising and sale of weight-loss products and the use of contractual provisions barring purchasers from providing negative commentary, bringing … Continue reading →

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We Buy Houses registration defeats fee award despite its genericity

Posted on October 29, 2018 by rtushnet

Express Homebuyers USA, LLC v. WBH Marketing, Inc., No. 17-cv-00736, 2018 WL 5303327 (E.D. Va. Oct. 25, 2018) Disappointingly, the court here treats assertion of registered trademarks as what seems like a complete defense to arguments that defendant should receive … Continue reading →

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Cents and sensibility: NY Ct of Appeals weighs in on credit surcharge law

Posted on October 25, 2018 by rtushnet

Expressions Hair Design v. Schneiderman, — N.E.3d —-, 2018 N.Y. Slip Op. 07037, 2018 WL 5258853 (Oct. 23, 2018) GBL section 518 states: “No seller in any sales transaction may impose a surcharge on a holder who elects to use … Continue reading →

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Some Lanham Act/UCL claims against TM filing entities can proceed despite potential difficulties of proof

Posted on October 17, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 4961660 (N.D. Cal. Oct. 12, 2018) RAPC alleges that Swyers, an attorney, owns TTC and Trademark LLC, which provide “trademark related services,” and also owns Trademark PLLC, a law firm … Continue reading →

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