Author Archives: rtushnet

Initial interest false advertising (aka bait and switch) in Google ads

Posted on October 17, 2016 by rtushnet

Beacon Plumbing & Mechanical Inc. v. Sposari Inc., 2016 WL 5795282, No. C15-1613 (W.D. Wash. Mar. 17, 2016) Beacon sued defendants, including Sposari, which does buisiness as Mr. Rooter Plumbing Services, for trademark infringement and dilution (federal claim dismissed) and … Continue reading →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading →

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GW Design Law: Ecommerce remedies

Posted on October 14, 2016 by rtushnet

AFTERNOON SESSION 1: Design Patents & Ecommerce Moderator: Judy Yee, Microsoft Howard Hogan, Gibson, Dunn & Crutcher: Counterfeiting is a growing problem, but sometimes they don’t use a copyrighted work of authorship but are still selling a knockoff of a … Continue reading →

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GW Design Law conference: current state of the law

Posted on October 14, 2016 by rtushnet

Morning Session 2: The Current State of the Law Under 35 U.S.C. § 102, 103 and 112 Moderator: Daniel Gajewski, Sterne, Kessler, Goldstein & Fox: Issues include continuation practice; maybe new rules coming.  Skechers sought invalidation of a Nike patent, … Continue reading →

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Design Law at GW Law: Design Patent Damages

Posted on October 14, 2016 by rtushnet

Design Law 2016, GW Law MORNING SESSION 1: Design Patent Damages Moderator: Robert Katz, Banner & Witcoff: Recap of the patents in suit and damage award. Text of 289: whoever applies the patented design or colorable imitation thereof to any … Continue reading →

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Copyright Office Ringer Fellow Opportunities

Posted on October 12, 2016 by rtushnet

From the Copyright Office: The Copyright Office’s Barbara A. Ringer Copyright Honors Program is an eighteen to twenty-four month paid fellowship designed for attorneys in the early stages of their career with a dedicated interest in copyright law.  During this … Continue reading →

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biased survey dooms “ask your doctor” ad campaign for 5-Hour Energy

Posted on October 12, 2016 by rtushnet

Washington v. Living Essentials, LLC, NO. 14-2-19684-9 (King County Super. Ct. Oct. 10, 2016) The state sued Living Essentials seeking injunctive and declaratory relief under Washington’s Consumer Protection Act.  While the court found that some of the challenged 5-Hour Energy … Continue reading →

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court says product reformulation might be deceptive if survey supports claim

Posted on October 11, 2016 by rtushnet

Nutrition Distribution LLC v. Driven Sports, 2015 WL 12645002, No. LA CV13-06195  (C.D. Cal. Jan. 15, 2015) Nutrition sued defendants over their sales of a nutrition supplement product called “Craze.” In July 2013, defendants discontinued the sale of the initial … Continue reading →

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Dual use of same mark on customized Jeeps not confusing, court rules

Posted on October 11, 2016 by rtushnet

Moab Indus. v. FCA US, LLC, No. 3:12-cv-8247, 2016 WL 5859700 (D. Ariz. Oct. 6, 2016) Moab sued FCA, aka Chrysler, for trademark infringement (via reverse confusion) and state-law dilution based on Chrysler’s use of MOAB on a limited edition … Continue reading →

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Court deems Uber’s safety claims to be puffery

Posted on October 11, 2016 by rtushnet

XYZ Two Way Radio Service v. Uber Technologies, Inc., No. 15-cv-3015 (E.D.N.Y. Sept. 30, 2016) Two black-car companies sued Uber for false advertising, false association, and tortious interference with contractual relations between them and their drivers. The court rejected all … Continue reading →

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