Author Archives: rtushnet

A trace of deceptiveness in bourbon age labeling

Posted on February 6, 2018 by rtushnet

Penrose v. Buffalo Trace Distillery, Inc., 2018 WL 705054, No. 17CV294 (E.D. Mo. Feb. 5, 2018) Plaintiffs brought a putative class action claiming that BT misrepresented that  Old Charter bourbon has been “aged 8 years.” The court mostly refused to … Continue reading →

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It’s an ex-Lanham Act case without evidence of materiality

Posted on February 5, 2018 by rtushnet

Not Dead Yet Manufacturing Inc. v. Pride Solutions, LLC, 2018 WL 688324, No. 13 C 3418 (N.D. Ill. Feb. 2, 2018) Previous discussion.  The court reconsidered its summary judgment decisions on plaintiff’s motion for reconsideration, but left the false advertising … Continue reading →

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Equinox in equipoise: no preliminary injunction for hotel mgmt co against fitness co’s expansion to hotels

Posted on February 5, 2018 by rtushnet

Equinox Hotel Management, Inc. v. Equinox Holdings, Inc., No. 17-cv-06393, 2018 WL 659105 (N.D. Cal. Feb. 1, 2018) Equinox Hotel, a “San Francisco-based hospitality company specializing in developing, operating, and revitalizing hotel properties,” provides hotel management services as well as … Continue reading →

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Claims to “introduce” product to US not untrue just because of prior minimal sales

Posted on February 1, 2018 by rtushnet

LuxSoma LLC v. Leg Resource, Inc., 2018 WL 583119, No. 15 Civ. 4838 (S.D.N.Y. Jan. 25, 2018) LuxSoma sued defendant ORI for breach of an implied contract that allegedly granted it exclusive rights to distribute ORI legwear in the US, … Continue reading →

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Allegedly false statements on package/instructions didn’t plausibly harm competitors, court rules

Posted on February 1, 2018 by rtushnet

Telebrands Corp. v. Everstar Merchandise Co., No. 17-2878, 2018 WL 585765 (D.N.J. Jan. 29, 2018) (magistrate judge) Telebrands sells novelty stuff; Everstar, a competitor, allegedly copied its stuff in unlawful ways.  Relevant to this blog, Telebrands alleged that Everstar engaged … Continue reading →

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New York GBL Section 349 covers ordinary trademark claims, court rules

Posted on January 31, 2018 by rtushnet

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge) Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images … Continue reading →

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Confusion with firm sued for sexual harassment causes irreparable harm

Posted on January 31, 2018 by rtushnet

Newmark Realty Capital, Inc., v. BGC Partners, Inc., No. 16-cv-01702 (N.D. Cal. Nov. 16, 2017) Newmark Realty Capital (founded 1991) and defendants BGC Partners and Newmark & Co. Real Estate “traditionally operated in distinct sectors of the real estate market … Continue reading →

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Pure disparagement by competitor is commercial speech even without invitation to buy

Posted on January 31, 2018 by rtushnet

Monat Global Corp. v. Kavanaugh , 2018 WL 501616, No. 17-cv-1666 (M.D. Fla. Jan. 22, 2018) The parties sell competing hair products. Kavanaugh allegedly orchestrated an “[I]nternet smear campaign” by posting false comments on Facebook about Monat’s products and marketing … Continue reading →

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CFP: Yale/Stanford/Harvard Junior Faculty Forum

Posted on January 17, 2018 by rtushnet

Request for Submissions Yale/Stanford/Harvard Junior Faculty Forum June 13-14, 2018, Harvard Law School Yale, Stanford, and Harvard Law Schools are soliciting submissions for the 19th session of the Yale/Stanford/Harvard Junior Faculty Forum, to be held at Harvard Law School on … Continue reading →

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That’s swell: court rules that NY doesn’t impose “use in commerce” limit on unfair competition

Posted on January 16, 2018 by rtushnet

Can’t Live Without It, LLC v. ETS Express, Inc., — F.Supp.3d —-, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018) Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig … Continue reading →

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