Author Archives: rtushnet

Beyond Belmora: foreign TM owner proceeds under Lanham Act and Inter-American Convention

Posted on January 16, 2018 by rtushnet

S.A.S. v. Latinfood U.S. Corp., Civ. No. 16-6576, — F.Supp.3d —-, 2017 WL 6940696 (D.N.J. Dec. 29, 2017) Industria, a Colombian food corporation and Colombian owner of the Zenú and Ranchera marks, sued Latinfood, for reasons you can guess when … Continue reading →

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Another IP plaintiff fails to show irreparable harm (false advertising/trade secret)

Posted on January 16, 2018 by rtushnet

Impax Media Inc. v. Northeast Advertising Corp., No. 17 Civ. 8272, 2018 WL 358284 (S.D.N.Y. Jan. 10, 2018) Impax, which provides digital video screens that show ads (mostly in supermarkets), sought to enjoin defendants (AdCorp) from competing with Impax by … Continue reading →

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There’s only one master of The Commodores: the group itself

Posted on January 11, 2018 by rtushnet

Commodores Entertainment Corp. v. McClary, 2018 WL 327302, No. 16-15794 (11th Cir. Jan. 9, 2018) McClary was an original member of the award-winning Commodores, but, by his own admission, he “split from the band” in 1984 to strike out on … Continue reading →

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“I’m your lawyer” might be false advertising when lawyer’s firm won’t do the work

Posted on January 11, 2018 by rtushnet

Rosenbaum & Assoc., P.C. v. Morgan & Morgan, 2018 WL 327167, No. 17-4250 (E.D. Pa. Jan. 8, 2018) A Philadelphia personal injury law firm that advertises extensively on TV and billboards alleged that a national personal injury law firm’s expansion … Continue reading →

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Finding of willful infringement still doesn’t merit injunction under Herb Reed

Posted on January 8, 2018 by rtushnet

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017) Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year … Continue reading →

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“pregnancy center” wasn’t commercial speaker and couldn’t be forced to disclose anti-abortion stance via mandatory label

Posted on January 8, 2018 by rtushnet

Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of Baltimore, 2018 WL 298142 (4th Cir. Jan. 5, 2018) The court of appeals affirmed the invalidation of an ordinance requiring pregnancy clinics that do not offer or refer for abortions … Continue reading →

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Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk)

Posted on December 29, 2017 by rtushnet

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumer protection claims … Continue reading →

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Arbitral immunity doesn’t extend to arbitral advertising

Posted on December 29, 2017 by rtushnet

Hopper v. American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9th Cir. Dec. 7, 2017) The district court dismissed Hopper’s false advertising claim against AAA based on arbitral immunity, and the court of appeals reversed.  “Arbitral immunity extends to … Continue reading →

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“prevailing price” consumer protection rule isn’t unconstitutionally vague

Posted on December 26, 2017 by rtushnet

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017) Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated “original” or “regular” prices … Continue reading →

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Supplement maker can’t enjoin database changes, but avoids anti-SLAPP dismissal

Posted on December 26, 2017 by rtushnet

Exeltis USA Inc. v. First Databank, Inc., 2017 WL 6539909, No. 17-cv-04810 (N.D. Cal. Dec. 21, 2017) This is an interesting case about the FDA/Lanham Act interaction. Exeltis sells prenatal vitamins that contain 1 mg of folic acid.  They aren’t … Continue reading →

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