Author Archives: rtushnet

Direct competition + literally false advertising don’t equal standing without more

Posted on June 29, 2018 by rtushnet

Brave Law Firm, LLC v. Truck Accident Lawyers Gp., Inc., No. 17-1156-EFM-GEB, 2018 WL 3122172 (D. Kan. Jun. 26, 2018) Brave sued its personal injury law firm rivals (TALG) under the Lanham Act and Kansas state law based on allegations … Continue reading →

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false patent marking doesn’t presumptively cause injury even in 2-player market

Posted on June 25, 2018 by rtushnet

John Bean Technologies Corp. v. Morris & Assoc., Inc., No. 15-CV-02211, 2018 WL 3039734 (W.D. Ark. Jun. 19, 2018) JBT’s predecessor asserted Patent Act false marking claims, Lanham Act false advertising claims, and various North Carolina and Arkansas State law … Continue reading →

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Three little words make a fair use

Posted on June 14, 2018 by rtushnet

Oyewole v. Ora, 291 F.Supp.3d 422 (S.D.N.Y. 2018) This case grants a motion to dismiss on fair use grounds, though it should have been on lack of substantial similarity in protected expression. Oyewole is a founding member of the spoken-word … Continue reading →

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Second Circuit rejects falsity by necessary implication claim for UL certification

Posted on June 13, 2018 by rtushnet

Board-Tech Electronic Co. v. Eaton Corporation, Cooper Wiring Devices, Inc., — Fed.Appx. —-, 2018 WL 2901336, No. 17-3829-cv (2d Cir. Jun. 11, 2018) Board-Tech and Eaton compete in the market for decorative light switches. Underwriters Laboratories (UL) is an independent … Continue reading →

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Right of Publicity, Litigating the Claims

Posted on June 4, 2018 by rtushnet

Litigating the Claims Rick Kurnit: told the story of litigating the White case, in which the author of the panel opinion didn’t know what a letter-turner was. Had to go to trial with a jury, all of which regularly watched … Continue reading →

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Right of Publicity panel, Abrams Institute for Freedom of Expression

Posted on June 4, 2018 by rtushnet

From Yale Law School’s Abrams Institute for Freedom of Expression Commercial Speech and the First Amendment: Does the Right of Publicity Transcend Commercial Speech? Jennifer Rothman: Right of Publicity? Right of Privacy? Rothman gave a keynote summarizing highlights of her … Continue reading →

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isn’t it good? mahogany wood isn’t always mahogany

Posted on June 4, 2018 by rtushnet

Golden v. Home Depot, U.S.A, Inc., 2018 WL 2441580, No. 18-cv-00033-LJO-JLT (E.D. Cal. May 31, 2018) According to the complaint, authentic mahogany is prized for its beauty, durability, color, and ease of use in woodworking. It has a reddish-brown color, … Continue reading →

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5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies

Posted on May 24, 2018 by rtushnet

Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018) The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too … Continue reading →

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Is this “diet” soda script too close to Diet Coke’s?

Posted on May 16, 2018 by rtushnet

I have to admit, I might expect it to be a Coca-Cola product.  What’s more, it’s made in the US, not Brazil, and seems to be a copy of Guarana Antarctica, a Brazilian beverage. from Blogger https://ift.tt/2L3o55M

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But in that sleep what dreams of liability may come?

Posted on May 16, 2018 by rtushnet

When you sue a competitor for false advertising, be prepared to get sued back.  In this pair of opinions, most of the parties’ claims against each other survived, paving the way for a messy trial. GhostBed, Inc. v. Casper Sleep, Inc., … Continue reading →

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