Author Archives: rtushnet

Depressed sales and asserted loss of prestige aren’t irreparable harm

Posted on June 7, 2017 by rtushnet

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading →

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Copyright v. false advertising in medical devices

Posted on June 6, 2017 by rtushnet

Healthmate Int’l, LLC v. French, 2017 WL 2389715, No. 15-0761 (W.D. Mo. Jun. 1, 2017) The parties (including defendant Rampant Lion) compete to sell TENS units, which administer electrical current to portions of the body in order to relieve pain. … Continue reading →

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Click fraud claim against Google fails

Posted on June 6, 2017 by rtushnet

Singh v. Google Inc., 2017 WL 2404986, No. 16-cv-03734 (N.D. Cal. Jun. 2, 2017) Singh alleged that Google falsely induced small businesses to participate in AdWords, resulting in payment for invalid clicks. Singh alleged: (1) breach of the implied covenant … Continue reading →

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Overstock ordered to pay multimillion penalty for falsely advertising comparison prices

Posted on June 5, 2017 by rtushnet

People v. Overstock.Com, Inc., — Cal.Rptr.3d —-, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had engaged in … Continue reading →

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Reversing meaning is transformative in use of composition, court rules

Posted on June 1, 2017 by rtushnet

Smith v. Cash Money Records, Inc., No. 14-cv-02703 (S.D.N.Y. May 30, 2017) In 1982, Jimmy Smith recorded a mostly instrumental album released by Elektra/Asylum Records titled Off the Top.  The last track is a spoken-word recording titled “Jimmy Smith Rap” … Continue reading →

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Certified party lacks standing to challenge certifier’s claims to fairness

Posted on May 31, 2017 by rtushnet

Camarda v. Certified Financial Planner Board of Standards, Inc, 2015 WL 13159050, No. 13-00871 (D.D.C. Jul. 6, 2015) Westlaw’s impenetrable algorithm threw this up, and I’m blogging it now because of the relatively rare discussion of direct causation under Lexmark.  … Continue reading →

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Free to good home: parody t-shirts

Posted on May 30, 2017 by rtushnet

I’m cutting down on my collection a bit as I move.  Let me know if anyone wants these: Moose/Batman logo; 2 priceless tees; “Lacoste Intolerant” Beer parody Campbell’s, Seuss, Starbucks, Morton Salt; pole lamp not included ETA: dug out more … Continue reading →

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9th Circuit accepts irreparable harm finding in TM licensee breach case

Posted on May 30, 2017 by rtushnet

2Die4Kourt v. Hillair Capital Management, LLC, — Fed.Appx. —-, 2017 WL 2304376, No. 16-56217 (9th Cir. May 26, 2017)  The district court enjoined Hillair from using trademarks/publicity rights owned by 2Die4Kourt, Kimsaprincess, Inc., Khlomoney, Inc., Kourtney Kardashian, Kim Kardashian West, … Continue reading →

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Fee award justified in case involving fraud on the PTO

Posted on May 26, 2017 by rtushnet

Amusement Art, LLC v. Life is Beautiful, LLC, 2017 WL 2259672, No. 2-14-cv-08290 (C.D. Cal. May 23, 2017) Initial ruling discussed here.  Defendant LIB hosts the Life is Beautiful festival in Las Vegas, Nevada—an annual event that features music, art, … Continue reading →

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high-tech look can’t fool reasonable consumers about orthotics

Posted on May 24, 2017 by rtushnet

Kommer v. Bayer Consumer Health, — F.Supp.3d —-, 2017 WL 2231162, 16 Civ. 1560 (S.D.N.Y. May 18, 2017) Bayer sells Dr. Scholl’s foot care products, including the Dr. Scholl’s Custom Fit Orthotics Inserts. In many stores, they are sold alongside … Continue reading →

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