Author Archives: rtushnet

For law students: Notre Dame summer IP program

Posted on January 31, 2017 by rtushnet

Details on the Notre Dame “Get a Leg Up in IP” program this summer. from Blogger http://ift.tt/2jRCLXK

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Another “omissions about slave labor” case fails in Cal.

Posted on January 30, 2017 by rtushnet

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading →

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Older case: placement of medical device on market isn’t representation of FDA approval

Posted on January 30, 2017 by rtushnet

Intra-Lock International, Inc. v. Choukroun, 2015 WL 11422285, No. 14-cv-80930 (S.D. Fla. May 4, 2015) Old, but new in Westclip (why? It’s an algorithmic mystery), and presents an interesting fact pattern about FDA approval/the lack thereof and the relationship between … Continue reading →

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False claims of discounts cause Article III injury

Posted on January 30, 2017 by rtushnet

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store signage, and … Continue reading →

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Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim

Posted on January 30, 2017 by rtushnet

In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading →

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Food & Drug Law Institute writing competition

Posted on January 27, 2017 by rtushnet

Thomas Austern Writing Competition:   The H. Thomas Austern Writing Competition is intended to encourage law student interest in the areas of law that affect food, drugs, biologics, cosmetics, dietary supplements, medical devices, and tobacco. Top papers will be considered for publication … Continue reading →

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Identifying Boundaries in Patent and Trademark Law.

Posted on January 27, 2017 by rtushnet

The American University Law Review is proud to present its annual Federal Circuit symposium,  Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine Farley, American University Washington … Continue reading →

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If you don’t like low-cost imitator brands, you’ll love this decision

Posted on January 26, 2017 by rtushnet

Moroccanoil, Inc. v. Zotos Int’l, Inc., 2017 WL 319309, — F. Supp. 3d –, No. 16-7004 (C.D. Cal. filed Jan. 19, 2017) The court granted a preliminary injunction in this trademark case, using the “serious questions going to the merits” … Continue reading →

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What’s in the box? Not a valid agreement to arbitrate!

Posted on January 24, 2017 by rtushnet

Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading →

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Are you being served? Omission claim based on “virtualized” server survives

Posted on January 23, 2017 by rtushnet

Schellenbach v. GoDaddy.com LLC, 2017 WL 192920, No. CV-16-00746 (D. Ariz. Jan. 18, 2017) In 2014, GoDaddy issued a press release titled “GoDaddy Launches New Dedicated and VPS Servers with Added Support for Designers and Developers.” Plaintiffs are website designers … Continue reading →

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