Author Archives: rtushnet

Lost sales as irreparable harm

Posted on May 1, 2017 by rtushnet

Epson America, Inc. v. USA111, Inc., No. 17-cv-00129, 2017 WL 1484400 (D.S.C. Apr. 26, 2017) Let’s admit it: the case law is a mess on this.  Epson sued its competitor, d/b/a iRULU, for falsely advertising its portable consumer projectors, specifically … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

split panel upholds Berkeley cell disclosure law

Posted on May 1, 2017 by rtushnet

CTIA-The Wireless Ass’n v. City of Berkeley, No. 16-15141 (9th Cir. Apr. 21, 2017) A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“tests prove X” claim can’t be falsified by showing not-X, court (wrongly) rules

Posted on May 1, 2017 by rtushnet

Dyson, Inc. v. SharkNinja Operating LLC, No. 14-cv-09442 (N.D. Ill. Apr. 26, 2017) Dyson and Shark compete in the market for vacuum cleaners. When Shark began running an infomercial for its competing vacuum in September 2014, Dyson’s margin on its … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

US companies can be enjoined from false advertising in China

Posted on May 1, 2017 by rtushnet

Primo Broodstock, Inc. v. American Mariculture, Inc., No. 17-cv-9, 2017 WL 1502714 (M.D. Fla. Apr. 27, 2017) Primo is a Texas corporation that breeds and sells “highly disease-resistant” shrimp from the Ecuadorian litopenaeus vannamei strain. Defendant Robin Pearl has an … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Internet surveys are admissible (but may raise IRB concerns)

Posted on April 26, 2017 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

4th Cir. affirms dismissal where P didn’t allege specific lost consumers or quantify lost sales

Posted on April 26, 2017 by rtushnet

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc., — Fed.Appx. —-, 2017 WL 1437215, No. 16-1819 (4th Cir. Apr. 24, 2017) The court of appeals affirmed the dismissal of Wall’s complaint for false advertising based on … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

My IP collection widens

Posted on April 25, 2017 by rtushnet

Today: Lardashe jeans–it’s quite possible they’d even fit me: Jordache Enters. v. Hogg Wyld (10th Cir. 1987) from Blogger http://ift.tt/2pvW67t

Posted in Uncategorized | Tagged | Leave a comment

Reading list: empirical evidence about FTC’s substantiation standard

Posted on April 24, 2017 by rtushnet

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer Law Review!) ABSTRACT Companies frequently make efficacy claims … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

TM/(c) questions of the day

Posted on April 24, 2017 by rtushnet

Which, if any, raise any TM or copyright concerns? matchboxes with book covers “phone app sticky notes” Scented erasers with possibly recognizable trade dresses from Blogger http://ift.tt/2onyotP

Posted in Uncategorized | Tagged , | Leave a comment

Dastar bars TM claim based on unlicensed copying of footage

Posted on April 24, 2017 by rtushnet

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment