Author Archives: rtushnet

Six-year prison sentence for false advertising online

Posted on July 19, 2018 by rtushnet

United States v. Arif, No. 17-1597, 2018 WL 3454467 (1st Cir. Jul. 18, 2018) A reminder that false advertising can be subject to criminal penalties: Mustafa Hassan Arif sold non-prescription drug products that purported to treat or cure hundreds of … Continue reading →

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New on Jotwell: reviewing Virginia Eubanks, Automating Inequality

Posted on July 18, 2018 by rtushnet

Rebecca Tushnet, The Difference Engine: Perpetuating Poverty Through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (2018)) from Blogger https://ift.tt/2LfQBnN

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ASTM v. PublicResource.org: Trademark

Posted on July 18, 2018 by rtushnet

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) Trademark: This was where the district court went very, very wrong—I consider the copyright issues difficult though I have a preferred outcome; the trademark … Continue reading →

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ASTM v. PublicResource.org: Copyright

Posted on July 18, 2018 by rtushnet

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) The panel, citing “serious constitutional concerns,” vacated the district court’s finding of trademark and copyright infringement based on PRO’s copying of privately drafted standards … Continue reading →

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Unclean (but collagen rich) hands in a false advertising case

Posted on July 12, 2018 by rtushnet

Certified Nutraceuticals, Inc. v. Avicenna Nutraceutical, LLC, 2018 WL 3361142, No. 16-cv-02810-BEN-BGS (C.D. Cal. Jul. 10, 2018) A rare unclean hands victory in a false advertising case.  Certified alleged that Avicenna, its competitor in the market for collagen products used … Continue reading →

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TM/False advertising issue of the day

Posted on July 12, 2018 by rtushnet

Seen on the street in NYC; the candies have no marijuana content–they’re sold as “adult” candies, furthering the impression. My daughter also asked “Could the owners of Scooby Doo sue?” and then, because I have taught her well, corrected that … Continue reading →

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False designation damages require proximate cause, dooming $250 million jury award

Posted on July 2, 2018 by rtushnet

ZeniMax Media Inc. v. Oculus VR LLC, No. 14-cv-01849 (N.D. Tex. Jun. 27, 2018) After trial of this case, the jury returned a verdict, finding in relevant part that defendants were liable for false designation of origin, basically about the … Continue reading →

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the perils of default judgments against speech: showing up late can prove onerous

Posted on July 2, 2018 by rtushnet

Lokosky v. Gass, No. 1 CA-SA 18-0101, 2018 WL 3150499 (Az. Ct. App. Jun. 28, 2018) Respondents (not Gass, who’s the judge, named for procedural reasons) sued Lokosky for false advertising and related claims seeking to compel Lokosky to “remove … Continue reading →

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search results labeled as results aren’t confusing

Posted on July 2, 2018 by rtushnet

Carter v. Oath Holdings, Inc., No. 17-cv-07086-BLF (N.D. Cal. Jun. 21, 2018) Carter allegedly owns a trademark registration for “The House of Figurine Sculptures.com.” Defendant is Yahoo!, which runs a search engine.  The complaint alleged that Yahoo! uses “two active … Continue reading →

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Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action

Posted on June 29, 2018 by rtushnet

Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge) Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not … Continue reading →

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