Author Archives: rtushnet

A box size whopper? Slack fill claims for candy continue

Posted on May 22, 2017 by rtushnet

Bratton v. Hershey Co., 2017 WL 2126864, No. 16–cv–4322 (W.D. Mo. May 16, 2017) Bratton sued over alleged slack fill in Reese’s Pieces and Whoppers candy boxes.  He alleged that: Consumers spend an average of 13 seconds making an in-store … Continue reading →

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Suing for false advertising as abuse of process

Posted on May 22, 2017 by rtushnet

Bobrick Washroom Equipment, Inc. v. Scranton Products, Inc., 2017 WL 2126320, No. 14-CV-00853 (M.D. Pa. May 16, 2017) In May 2014 SP sued Bobrick, alleging that it “carefully orchestrated a campaign to scare architects, product specifiers, procurement representatives, building owners, … Continue reading →

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coffee cup lid trade dress survives functionality challenge

Posted on May 22, 2017 by rtushnet

If I have the right image of the defendant’s coffee cup lid, this is a good example of the difficulties separating scope from validity: the challenged design is noticeably different from the registered design, and it seems to me that … Continue reading →

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Reading list: Shakespeare’s literary disputes

Posted on May 18, 2017 by rtushnet

Bonus points for beginning with a great Hamlet quote (the best use of which I ever saw was a production that arranged the scenes so that when Hamlet disparages what he’s reading as “words, words, words” he is reading his … Continue reading →

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New article: fixing incontestability

Posted on May 17, 2017 by rtushnet

With apologies to John Welch, who hates the term. Fixing Incontestability: The Next Frontier? Boston University journal of Science and Technology Law, Forthcoming Abstract Incontestability is a nearly unique feature of American trademark law, with a unique American implementation. The … Continue reading →

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Another outlet price deception case, with pictures

Posted on May 15, 2017 by rtushnet

Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading →

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a true story of a false advertising claim based on a “true story”

Posted on May 12, 2017 by rtushnet

Incarcerated Entertainment, LLC v. Warner Bros. Pictures, No. 16-cv-1302 (M.D. Fla. May 10, 2017) Plaintiff alleged that it owned the rights to the life story of Efraim Diveroli and sued Warner for false advertising and unfair competition, based on Warner’s … Continue reading →

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remedial actions prevent finding of irreparable harm for TRO

Posted on May 10, 2017 by rtushnet

Ocusoft, Inc. v. Walgreen Co., 2017 WL 1838106, No. H-17-1037 (S.D. Tex. May 8, 2017) Ocusoft sells “the first commercially available eyelid cleanser, Ocusoft Lid Scrub,” which Walgreens aells alongside its private label eyelid cleansing pads, which are routinely placed … Continue reading →

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allegedly false claims of official endorsement by Trump can be false advertising

Posted on May 10, 2017 by rtushnet

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading →

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CFP: 2018 AALS Annual Meeting

Posted on May 8, 2017 by rtushnet

To encourage and recognize excellent legal scholarship and to broaden participation by new law teachers in the Annual Meeting program, the association is sponsoring a call for papers for the 32nd annual AALS Scholarly Papers Competition. Those who will have … Continue reading →

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