Author Archives: rtushnet

2 week difference leads to $10 million in damages in pregnancy estimator case

Posted on September 13, 2018 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics GmbH, No. 14-CV-585 (AJN), 2018 WL 4253181 (S.D.N.Y. Sept. 5, 2018) Church & Dwight won an injunction, affirmed by the Second Circuit, against SPD’s advertising of its “Clearblue Advanced Pregnancy Test … Continue reading →

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Posted on September 13, 2018 by rtushnet

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading →

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Posted on September 13, 2018 by rtushnet

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading →

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 13, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 12, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 7, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

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court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 6, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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Trader Joe’s truffle flavored oil was too cheap for reasonable consumers to think it real

Posted on September 4, 2018 by rtushnet

Brumfield v. Trader Joe’s Co., 2018 WL 4168956, No. 17 Civ. 3239 (LGS) (S.D.N.Y. Aug. 30, 2018) Brumfield alleged that Trader Joe’s “Black Truffle Flavored Extra Virgin Olive Oil” contains no actual black truffle, but instead contains 2,4-dithiapentane, a petroleum … Continue reading →

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