Author Archives: rtushnet

Advertising question of the day: Honeycrisp or honey crisp?

Posted on August 30, 2017 by rtushnet

Assuming this alcoholic beverage is not made from honeycrisp apples–but that it does contain honey–would the product name be false or misleading?  H/T Adam Levitin.  Note that the manufacturer doesn’t disclose the apple variety one way or another, as far … Continue reading →

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“universal” is generic for churches

Posted on August 30, 2017 by rtushnet

Universal Church, Inc. v. Universal Life Church/ULC Monastery,  2017 WL 3669625, No. 14 Civ. 5213 (S.D.N.Y. Aug. 8, 2017) The Universal Church, Inc., is a Pentecostal/Charismatic church with “around 30,000 members,” while its Brazilian affiliate has millions of members. Defendant … Continue reading →

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state courts do nominative fair use too

Posted on August 28, 2017 by rtushnet

Instant Infosystems, Inc. v. Open Text, Inc., 2017 WL 3634547, No. B276691 (Cal. Ct. App. Aug. 24, 2017) Another illustration of the principle that courts don’t like to do two dilution analyses—this state court only talks about federal dilution, assuming … Continue reading →

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Plaintiff can’t win false advertising claim because there’s evidence on both sides

Posted on August 28, 2017 by rtushnet

Korolshteyn v. Costco Wholesale Corp., No. 15-cv-709, 2017 WL 3622226 (S.D. Cal. Aug. 23, 2017) Ugh. Costco’s TruNature Gingko labels represent that the product “supports alertness & memory,” that “Gingko biloba can help with mental clarity and memory,” and that … Continue reading →

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Suing critics using copyright doesn’t work

Posted on August 25, 2017 by rtushnet

Hosseinzadeh v. Klein, No. 16-cv-03081 (S.D.N.Y. Aug. 23, 2017) Hosseinzadeh posts original video content on YouTube, playing a character known as “Bold Guy.” Ethan and Hila Klein criticized “Bold Guy vs. Parkour Girl,” in which the Bold Guy flirts with … Continue reading →

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On the genericity of Velcro/velcro

Posted on August 25, 2017 by rtushnet

Denver’s Science Museum: Note the use of “Velcro,” capitalized, as the generic term for hook-and-loop fasteners, as well as the uncapitalized use in the Spanish translation immediately below. from Blogger http://ift.tt/2waTIDv

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Is a ban on the words “climate change” in grants consistent with Tam?

Posted on August 25, 2017 by rtushnet

This image, of a government employee telling a grant applicant that her proposal can’t use “climate change” or “global warming” and get funded, seems like a pretty good example of a “happy talk” provision.  Is this new requirement an unconstitutional … Continue reading →

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cy pres-only settlement ok’d in Google privacy case

Posted on August 24, 2017 by rtushnet

In re Google Referrer Header Privacy Litigation, — F.3d —-, 2017 WL 3601250, No. 15–15858 (9th Cir. Aug. 22, 2017) The underlying class action claimed that Google violated users’ privacy by disclosing their internet search terms to owners of third-party … Continue reading →

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4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech

Posted on August 24, 2017 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – (4th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of … Continue reading →

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Tag-along state UDAP claim leads to $18.5 million fee shift against unsuccessful plaintiff

Posted on August 21, 2017 by rtushnet

Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2017 WL 3536917 (S.D. Fla. Aug. 17, 2017) This case stands as a stark reminder that adding a state-law deceptive trade practices claim to a federal claim can have serious consequences—the only reason … Continue reading →

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