Author Archives: rtushnet

WIPIP Concurrent 2

Posted on February 16, 2018 by rtushnet

Nancy Kim, The License v. Sale Puzzle after Impressions v. Lexmark Sales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about … Continue reading →

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WIPIP panel one: TM tarnishment and (c)

Posted on February 16, 2018 by rtushnet

[title fixed because I can’t keep seasons straight] Suneal Bedi, Bad Brands: Experimental Studies in Trademark Tarnishment What is the reputation of a mark?  Working on PhD in marketing at Penn; marketing is the best discipline to answer this Q.  … Continue reading →

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WIPIP: Opening plenary

Posted on February 16, 2018 by rtushnet

WIPIP Plenary [Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the … Continue reading →

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court awards sanctions for misrepresenting website as independent review site in false advertising case

Posted on February 16, 2018 by rtushnet

Purple Innovation, LLC v. Honest Reviews, LLC, 2018 WL 840035, No. 17-cv-138 (D. Utah Feb. 12, 2018) A rare sanctions order in a false advertising case, in which the court grants sanctions based on the defendants’ submission of misleading and … Continue reading →

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Settlements allowing competitors to use term doesn’t insulate Clorox from its own possible deception

Posted on February 13, 2018 by rtushnet

Gregorio v. Clorox Co., 2018 WL 732673, No. 17-cv-03824 (N.D. Cal. Feb. 6, 2018) Gregorio alleged that, to capitalize on consumer demand for “natural” home cleaning products, Clorox falsely advertised its “Green Works” cleaning products as “natural” or “naturally derived.” … Continue reading →

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TrueNorth not truly famous, court rules on motion to dismiss

Posted on February 13, 2018 by rtushnet

TrueNorth Companies, L.C. v. TruNorth Warranty Plans, LLC, No. C17-31, 2018 WL 794700 (N.D. Iowa Feb. 8, 2018) TrueNorth sued TruNorth for trademark infringement and dilution based on their respective marks; here the court dismisses the dilution claim for failure … Continue reading →

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Tiger, tiger burning bright: Did he who made the Lokai make thee?

Posted on February 12, 2018 by rtushnet

Lokai Holdings LLC v. Twin Tiger USA LLC, No. 15-CV-9363, 2018 WL 739435 (S.D.N.Y. Feb. 6, 2018) Lokai sued Twin Tiger for trade dress infringement, unfair competition, and false advertising based on Twin Tiger’s sale of bracelets similar to those … Continue reading →

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repeating a tested claim about later product editions isn’t literally false without relevant differences between editions

Posted on February 12, 2018 by rtushnet

Strategic Partners, Inc. v. Vestagen Protective Technologies, Inc., No. 16-CV-05900, 2017 WL 5951881 (C.D. Cal. Nov. 13, 2017) Vestagen makes Vestex scrubs, a product made with a fabric containing a fluid barrier and antimicrobial agent that inhibits the growth of … Continue reading →

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Cal’s anti-SLAPP law protects some commercial speech, especially when it’s not really commercial

Posted on February 12, 2018 by rtushnet

Dean v. Friends of Pine Meadow, 2018 WL 774065, No. A149735 (Cal. Ct. App. Feb. 8, 2018) Dean (shorthand here for Dean & other plaintiffs) sued defendants for allegedly false statements and publications regarding Dean’s plan to construct a housing … Continue reading →

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Lexmark allows false advertising claim against law firm for soliciting timeshare clients

Posted on February 12, 2018 by rtushnet

Diamond Resorts Int’l, Inc. v. Aaronson, 2018 WL 735627, No. 17-cv-1394 (M.D. Fla. Jan. 26, 2018) Diamond is a timeshare developer managing more than 420 membership resorts worldwide. The Aaronson defendants are an Orlando-based attorney and his law firm focusing … Continue reading →

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