Author Archives: rtushnet

We got the empire, now as then: Rogers precludes record label suit against Fox show

Posted on November 17, 2017 by rtushnet

Twentieth Century Fox Television v. Empire Distribution, Inc., No. 16-55577 (9th Cir. Nov. 16, 2017)  “Empire Distribution, founded in 2010, is a well-known and respected record label that records and releases albums in the urban music genre.”  Then came Fox’s … Continue reading →

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false advertising of copyright ownership of songs not preempted, court rules

Posted on November 16, 2017 by rtushnet

Carter v. Pallante, 256 F. Supp. 3d 791 (N.D. Ill. 2017) Tollie Carter sued, as relevant here, alleging that ARC, Fuji, and BMG infringed his copyrights in certain songs by selling unauthorized licenses to third parties, who in turn publicly … Continue reading →

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physical harm to the public isn’t irreparable harm for competitor plaintiff

Posted on November 16, 2017 by rtushnet

Nutrition Distribution, LLC v. Enhanced Athlete, Inc., 2017 WL 5467252, No. 17-cv-2069 (E.D. Cal. Nov. 14, 2017) Defendants allegedly falsely advertised products containing 2,4-Dinitrophenol (DNP) to body builders, gym users, and the like. Defendants allegedly promote it as an ingestible … Continue reading →

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Church & Dwight not protected against challenge to “Made in USA” claim for condoms

Posted on November 15, 2017 by rtushnet

Claiborne v. Church & Dwight Co., 2017 WL 5256752, No. 17-cv-00746 (S.D. Cal. Nov. 13, 2017) At least two lines of Trojan brand male condoms have the words “Made in U.S.A.” printed on the packaging. This statement allegedly violates California … Continue reading →

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TM question of the day

Posted on November 15, 2017 by rtushnet

Game of Bones (at the science museum): from Blogger http://ift.tt/2z3KNZ7

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230 bars false advertising claim against antimalware provider

Posted on November 9, 2017 by rtushnet

Enigma Software Group USA LLC v. Malwarebytes Inc., No. 5:17-cv-02915, 2017 WL 5153698 (N.D. Cal. Nov. 7, 2017) Malwarebytes and Enigma compete in the anti-malware software market.  When Malwarebytes’s software detects an unwanted program, it displays a notification and asks … Continue reading →

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Ad intermediary lacks standing under Lexmark to challenge false ads

Posted on November 7, 2017 by rtushnet

Congoo, LLC v. Revcontent LLC, 2017 WL 5076397, No. 16-401 (D.N.J. Nov. 3, 2017) A rare case discussing Lexmark’s proximate cause requirement in some detail. Congoo operates an online ad business as Adblade, an aggregator that serves as an intermediary … Continue reading →

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Competitor can’t challenge compliance w/certification standards

Posted on November 6, 2017 by rtushnet

Board-Tech Electronic Co. v. Eaton Electric Holdings LCC, 2017 WL 4990659, No. 17-cv-5028 (S.D.N.Y. Oct. 31, 2017) Board-Tech accused its competitor in the light switch market, Eaton, of false advertising because, while Eaton was authorized to apply the “UL” certification … Continue reading →

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“look like new forever” might not be puffery in context of technological innovation claims

Posted on November 3, 2017 by rtushnet

EP Henry Corp. v. Cambridge Pavers, Inc., 2017 WL 4948064, No. 17-1538  (D.N.J. Oct. 31, 2017) Disclosure: I consulted on this case.  EP Henry and Cambridge compete in the market for concrete pavingstones. Cambridge made superiority such as “only Cambridge … Continue reading →

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Consumers can’t recover for GM’s self-tarnishment

Posted on October 31, 2017 by rtushnet

In re General Motors LLC Ignition Switch Litigation, — F.Supp.3d —- 2017 WL 2839154, No. 14–MD–2543 (S.D.N.Y. Jun. 30, 2017) This multidistrict litigation arose from the 2014 recall by General Motors LLC (New GM) of General Motors (GM) vehicles that … Continue reading →

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