Author Archives: rtushnet

Expert testimony in false advertising cases can rely on studies of other events

Posted on April 18, 2016 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1464639, No. 3:14CV00016 (W.D. Va. Apr. 13, 2016)   Previous opinion on how announcing a product launch and not following up might be false advertising discussed here.  Here, the court resolves … Continue reading →

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Further results from my FOIA case against ICE

Posted on April 8, 2016 by rtushnet

With the assistance of Georgetown’s Institute for Public Representation, I sued ICE to get it to answer some questions about why its representative claimed that “X sucks” merchandise would infringe X’s trademark rights, at least where X is a sports … Continue reading →

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Comments on section 512 from the OTW and a few others

Posted on April 8, 2016 by rtushnet

The Copyright Office has posted the responses to its notice of inquiry on 512.  Here’s the Organization for Transformative Works comment on 512.  Also, among the 90,000+ responses, there are comments from Eric Goldman, and a comment based on the … Continue reading →

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announcing product launch and pricing can be false advertising if no launch occurs

Posted on April 7, 2016 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1271082, No. 3:14CV00016 (W.D. Va. Mar. 29, 2016)   Concordia bought the Donnatal line of pharmaceutical products from former plaintiff PBM. Donnatal is a prescription line of combination phenobarbital and belladonna … Continue reading →

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“Excessive use of professional reviewers” might be false advertising

Posted on April 7, 2016 by rtushnet

Interlink Products Int’l, Inc. v. F & W Trading LLC, No. 15-1340, 2016 WL 1260713 (D.N.J. Mar. 31, 2016)   The parties compete to sell showerheads; Interlink claims rights in the marks AQUASPA, AQUASTORM, AQUADANCE, and SPIRALFLO for showerheads.  It … Continue reading →

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Copyright Registration Practice with Robert Kasunic

Posted on April 7, 2016 by rtushnet

Copyright Registration and the Compendium Robert Kasunic, Associate Register of Copyrights and Director of Registration Policy & Practice, U.S. Copyright Office   25th anniversary of Feist.  Cornerstone of his approach to copyrightability.  Feist isn’t a telephone book case; it’s the … Continue reading →

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Organization for Transformative Works fundraising drive

Posted on April 7, 2016 by rtushnet

Organization for Transformative Works membership drive: of possible interest to law-types in particular, we submitted over 100,000 words on 3 continents in 2015 in support of transformative noncommercial use.  (Wow.)  Please support the OTW with a donation! from Blogger http://ift.tt/1qvKCwS

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Go to the mattresses: Tempurpedic wins TRO against Goldilocks claim

Posted on April 6, 2016 by rtushnet

Tempur Seal Int’l, Inc. v. Wondergel, LLC, 2016 WL 1305155, No. 5:16-cv-83 (E.D. Ky. Apr. 1, 2016)   The parties compete to sell mattresses.  Wondergel created a comparative ad featuring a Tempurpedic mattress, though not identifying it by name.  During … Continue reading →

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No mark, no false designation of origin is still the rule in NY

Posted on April 6, 2016 by rtushnet

Innovation Ventures, LLC v. Ultimate One Distributing Corp., 2016 WL 1317524, No. 12-CV-5354 (E.D.N.Y. Mar. 31, 2016)   The Fourth Circuit’s Belmora decision did more than create protection for foreign marks in the US; it created a conflict with a … Continue reading →

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Something smells: new product makes competitor’s claims instantly literally false

Posted on April 6, 2016 by rtushnet

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016)   Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Soiled diapers … Continue reading →

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