Author Archives: rtushnet

Court says shoo to Scat’s infringement claim against Dodge

Posted on December 8, 2017 by rtushnet

Scat Enterprises, Inc. v. FCA US LLC, 2017 WL 5896182, No. CV 14-7995 (C.D. Cal. Jun. 8, 2017) Scat, a maker of aftermarket car parts, sued over FCA’s use of “Scat Pack” in connection with its Dodge Challenger and Dodge … Continue reading →

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Everything’s legal in Jersey: NJ SCt makes class certification harder in price disclosure case

Posted on December 8, 2017 by rtushnet

Dugan v. TGI Fridays, Inc., 171 A.3d 620 (N.J. 2017) Plaintiffs alleged that the defendants failed to fairly disclose prices charged to customers for alcoholic and non-alcoholic beverages. The New Jersey Supreme Court held that one set of plaintiffs failed … Continue reading →

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Tick tick boom: Lyme-blocking claim avoids preliminary injunction

Posted on December 5, 2017 by rtushnet

Merial, Inc. v. Zoetis, Inc., 2017 WL 4466471, No. 1:17-CV-1624 (N.D. Ga. Jun. 6, 2017) Thorough discussions of the effect of disclaimers on literal falsity/misleadingness are rare, so this one is useful. Merial makes NexGard, flea-and-tick removal treatments; the latter … Continue reading →

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showing falsity of a noncomparative “tests prove” claim

Posted on December 4, 2017 by rtushnet

Strategic Partners Inc. v. Vestagen Protective Techs., Inc., 2017 WL 5897711, No. 16-CV-05900 (C.D. Cal. Jul. 31, 2017) Vestagen sells specialty textiles for healthcare applications, while SPI sells medical apparel; their medical garments with antimicrobial fabrics compete.  Vestagen alleged the … Continue reading →

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reasonable consumers expect real estate agents to be licensed, but remedies are still limited by the 1A

Posted on November 30, 2017 by rtushnet

People ex rel. Flippo v. Silva, 2017 WL 5712601, No. H041209 (Cal. Ct. App. Nov. 28, 2017) Susana Silva operated Estates on the Bay, which advertised itself as a professional real estate company, while her real estate broker’s license was … Continue reading →

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AIPLA scholarships & contests for students

Posted on November 30, 2017 by rtushnet

Sidney B. Williams scholarship for law students from underrepresented minority groups interested in IP law. Jan Jancin award for law students with a demonstrated record in the study of IP. Moot Court on patent issues. Robert C. Watson award for … Continue reading →

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Closure gets closure from Second Circuit

Posted on November 27, 2017 by rtushnet

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 16-2767 (2d Cir. Nov. 2, 2017): In a summary opinion, the Second Circuit affirmed a district court finding that the design of Kwik Lok’s bag closures, albeit registered as a mark by … Continue reading →

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Allegedly outdated comparison not enough to justify TRO in sophisticated industry

Posted on November 24, 2017 by rtushnet

NEXTracker, Inc. v. Array Technologies, Inc., 2017 WL 5625926, No. 17-cv-06582 (N.D. Cal. Nov. 22, 2017) The parties (NX and ATI) compete in the market for solar tracking devices, which “adjust the positioning of solar panels…to increase the efficiency of … Continue reading →

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Another court declines to apply GNC where plaintiff alleges only negative studies

Posted on November 20, 2017 by rtushnet

Yeldo v. MusclePharm Corp., 2017 WL 5499588, Case No. 17-11011 (E.D. Mich. Nov. 16, 2017) Yeldo brought a putative class action alleging that MusclePharm used misleading marketing practices to promote its glutamine dietary supplement, whose label and online ads indicate … Continue reading →

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To the spoliator does not go the victory in corporate betrayal case

Posted on November 20, 2017 by rtushnet

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading →

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