Author Archives: rtushnet

Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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OJ may be guilty … of adding ingredients without disclosure

Posted on July 27, 2017 by rtushnet

In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017) Plaintiffs alleged that Coca-Cola sold Simply Orange, Minute Maid Pure Squeezed, and Minute Maid Pure Premium without disclosing … Continue reading →

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“Local” can be falsifiable representation of fact

Posted on July 25, 2017 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 3089011 (D. Utah Apr. 28, 2017) Leland Sycamore invented the process and formula for making Grandma Sycamore’s Home-Maid Bread and subsequently received federal trademark protection for part of the packaging’s … Continue reading →

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Pictures of premium cuts of meat on pet food are ambiguous, court says

Posted on July 25, 2017 by rtushnet

Wysong Corp. v. APN, Inc., Nos. 16-11823, 16-11825, 16-11826, 16-11827, 16-11832 (E.D. Mich. Jul. 20, 2017) Wysong, a pet food manufacturer, sued six competitors, alleging that their packages used images of “premium meats, poultry, fish, and vegetables” that “do not … Continue reading →

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Transformative work of the year (so far): To tell my story, showing near DC now

Posted on July 21, 2017 by rtushnet

To Tell My Story: A Hamlet Fanfic by Alexandra Petri  Runs until July 30 Although the structuring conceit is a loose retelling of Hamlet, with a modern-day fangirl as the tragic protagonist Elsie, there are a number of other fandoms … Continue reading →

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Transformative work of the year (so far): To tell my story, showing near DC now

Posted on July 21, 2017 by rtushnet

To Tell My Story: A Hamlet Fanfic by Alexandra Petri  Runs until July 30 Although the structuring conceit is a loose retelling of Hamlet, with a modern-day fangirl as the tragic protagonist Elsie, there are a number of other fandoms … Continue reading →

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9th Circuit burps up a correction to recent Gerber case

Posted on July 18, 2017 by rtushnet

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, — Fed. Appx. — (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, still partially … Continue reading →

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Park claim fails to fly: formerly well-known mark lacks current secondary meaning

Posted on July 18, 2017 by rtushnet

Parks LLC v. Tyson Foods, Inc., 2017 WL 3014273, — F.3d –, No. 16-2768 (3d Cir. Jul. 6, 2017) District court opinion discussed previously here. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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