Author Archives: rtushnet

“same active ingredient” claim is false when P’s product has multiple active ingredients

Posted on September 6, 2016 by rtushnet

Merial LLC v. Fidopharm, Inc., 2014 WL 11930586, No. 13-cv-1207 (N.D. Ga. Sept. 5, 2014) Old, but interesting enough to blog when it showed up in my Westclip search. Merial sells Frontline, a popular line of flea and tick preventives.  … Continue reading →

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NY law offers more than 43(a) when it comes to allegedly misleading omissions

Posted on September 6, 2016 by rtushnet

Casper Sleep, Inc. v. Mitcham, — F.Supp.3d —-, 2016 WL 4574388, 16 Civ. 3224 (S.D.N.Y. Sept. 1, 2016 Casper sells mattresses over the internet, while Mitcham and Mattress Nerd LLC operate a website that reviews mattresses. Casper sued under § … Continue reading →

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If a body catch a body in high heels

Posted on September 6, 2016 by rtushnet

Transformative work of the day?  These “Catcher in the Rye” heels involve both decoupage and paint (for some of the quotes).  What should the copyright/TM analysis look like? from Blogger http://ift.tt/2cwfMRX

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More Canadian IP pictures

Posted on August 30, 2016 by rtushnet

Not legal in the US: Cafe Olimpico, since 1970 Fake store with NY Yankees logo variant Iraq-a-Fella records OK, not gonna lie, I’m interested in the use of the Rubik’s cube to indicate the completeness of the game plan advertised, … Continue reading →

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both sides do it: court in Trump Univ. case resolves some expert squabbles

Posted on August 30, 2016 by rtushnet

Cohen v. Trump, No.: 3:13-cv-2519, 2016 WL 4487172 (S.D. Cal. Aug. 25, 2016) Colorful personalities can produce colorful cases; first, Pom Wonderful, now Trump.  The court certified a class action under RICO for people who bought Trump University real estate … Continue reading →

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Little Tree, big TM claim

Posted on August 30, 2016 by rtushnet

Mike Masnick wrote basically the post I’d want to about Car Freshner’s latest attempt to suppress anyone from using tree-shaped products that smell like trees–you know, descriptive use.  I too find the functionality claim interesting and on its face strong, … Continue reading →

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Trader Joe’s can go after Canadian reseller in US because harm to goodwill is so easy to allege

Posted on August 29, 2016 by rtushnet

Trader Joe’s Co. v. Hallatt, No. 14-35035, 2016 WL 4488009, — F.3d – (9th Cir. Aug. 26, 2016) Hallatt buys Trader Joe’s-branded goods in Washington state, transports them to Canada, and resells them there in Pirate Joe’s, a store he … Continue reading →

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laches period won’t run before false advertising claimant suffers harm

Posted on August 29, 2016 by rtushnet

Star-Brite Distributing, Inc. v. Gold Eagle Co., 2016 WL 4470093, No. 14-61841-CIV (S.D. Fla. Jan. 25, 2016) The parties compete in the market for marine fuel additives.  Star-Brite argued that Gold Eagle’s false advertising counterclaim was barred by laches; the … Continue reading →

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NY false advertising law lacks rigid false/misleading distinction

Posted on August 25, 2016 by rtushnet

Classic Liquor Importers, Ltd. v. Spirits International B.V., — F. Supp. 3d —-, 2016 WL 4419457, No. 15 Civ. 6503  (S.D.N.Y. 2016) Classic Liquor is a newcomer to the liquor business that recently launched a line of vodkas under the … Continue reading →

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Pictures from Canada

Posted on August 25, 2016 by rtushnet

Canada, like many other countries, considers “taking unfair advantage” of a trademark to be a distinct problem, making it less favorable to parody and other uses than the U.S. as a matter of formal law.  What difference does that make … Continue reading →

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