Author Archives: rtushnet

use of P’s jewelry in D’s ad is regular passing off, not reverse passing off

Posted on February 6, 2017 by rtushnet

Brighton Collectible, LLC v. Believe Production, Inc., 2017 WL 440255, No. 15-cv-00579 (C.D. Cal. Jan. 30, 2017) Brighton sued Believe for infringing Brighton’s copyright in a jewelry design and also engaging in false designation of origin/unfair competition.  In particular, Brighton … Continue reading →

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Transformative work of the day, why would you even want that edition

Posted on February 6, 2017 by rtushnet

Among the notable things in this story about ridiculously expensive houses, consider the description of a prior house with “a master bedroom modeled after a Louis Vuitton store,” and “a chain saw featuring Rolls-Royce hood ornaments, a giant Louis Vuitton … Continue reading →

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Blast from the past: claims to comply with vague industry standard weren’t literally false

Posted on February 3, 2017 by rtushnet

Lamons Gasket Co. v. Flexitallic L.P., No. H–14–0247, 2015 WL 12831719 (S.D. Tex. May 13, 2015) The parties competed in the market for spiral wound gaskets and other products used in the oil and gas industry to join and secure … Continue reading →

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Advertising a phone with an unauthorized screenshot of an app doesn’t violate the Lanham Act under Dastar

Posted on February 3, 2017 by rtushnet

Appjigger GmbH v. BLU Products, Inc., 2016 WL 4119720, No. 15–22313 (S.D. Fla. Mar. 7, 2016) Appjigger makes apps, and has an exclusive license for the WP CLOCK software app, which is available both to end users and also for … Continue reading →

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Blast from the past: false price claims insufficiently pled

Posted on February 2, 2017 by rtushnet

Ashley Furniture Indus., Inc. v. American Signature, Inc., 2015 WL 12999664, No. 11-cv-427 (S.D. Ohio Mar. 12, 2015) At this point I will just institute a “blast from the past” category for Westclip.  This one made it because of a … Continue reading →

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Political ad isn’t commercial, can’t be basis of Lanham Act claim

Posted on February 2, 2017 by rtushnet

Nichols v. Club for Growth Action, No. 16-220, 2017 WL 420111 (D.D.C. Jan. 31, 2017) Club for Growth Action is a political organization that broadcast a 30-second political ad on Wisconsin television and the Internet in September 2015, challenging the … Continue reading →

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Failure to show causation leads court to overturn jury verdict against false advertising

Posted on February 2, 2017 by rtushnet

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdict for ALS, awarding ALS $1.3 … Continue reading →

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older case about materiality v. consumer skepticism: a question of fact

Posted on February 1, 2017 by rtushnet

Duraflame, Inc. v. Hearthmark, LLC, 2013 WL 12177870, No. CV 12-01205 (N.D. Cal. Feb. 2, 2013) Duraflame alleged that many people bought Duraflame’s artificial firelogs because they used renewable resources, and consumers are willing to pay a premium to purchase … Continue reading →

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TCPA survives strict scrutiny

Posted on January 31, 2017 by rtushnet

Brickman v. Facebook, Inc., No. 16-cv-00751, 2017 BL 25487 (N.D. Cal. Jan. 27, 2017) One criticism of expanding strict scrutiny is that courts will be extremely tempted to find that sensible regulations pass strict scrutiny, thus watering down its protection … Continue reading →

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Amazon escapes liability for ads & emails touting vendors’ infringing products

Posted on January 31, 2017 by rtushnet

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading →

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