Author Archives: rtushnet

What’s in a name? A false advertising suit against a generic drug maker

Posted on March 23, 2016 by rtushnet

Endo Pharmaceuticals, Inc. v. Actavis, Inc., 2016 WL 1090356, No. 12-cv-7591 (D.N.J. Mar. 21, 2016)   Endo sued Actavis under federal and state law for allegedly falsely marketing a generic form of oxymorphone hydrochloride extended-release tablets. The court got rid … Continue reading →

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Another poster child for a national anti-SLAPP law: dilution claims against a critic

Posted on March 23, 2016 by rtushnet

Doctor’s Data, Inc. v. Barrett, 2016 WL 1086510, No. 10 C 03795 (N.D. Ill. Mar. 21, 2016)   Plaintiff DDI sued Dr. Stephen J. Barrett, M.D., the National Council Against Health Fraud, and Quackwatch for violating §43, as well as … Continue reading →

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One Haas impersonating another is TM infringement, false advertising

Posted on March 21, 2016 by rtushnet

Haas Door Co. v. Haas Garage Door Co., No. 3:13 CV 2507, 2016 WL 1047242 (N.D. Ohio Mar. 16, 2016)   A family-owned business split, and split a trademark, and then things went bad.   Founded in 1953, Haas Door … Continue reading →

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Porn site’s use of TMs in metatags not confusing

Posted on March 21, 2016 by rtushnet

Multifab, Inc. v. ArlanaGreen.com, 122 F. Supp. 3d 1055 (E.D. Wash. 2015)   Plaintiff made commercial industrial components and equipment, and used the name “Multifab” for at least 25 years.  It has the multifabinc.com domain name. ArlanaGreen.com features pornographic images … Continue reading →

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A generic post about trademark overclaiming

Posted on March 17, 2016 by rtushnet

Miller’s Ale House, Inc. v. DCCM Restaurant Group, LLC, 2016 WL 1040005, No: 6:15-cv-1109-Orl-22TBS (M.D. Fla. Mar. 16, 2016)   Miller sued DCCM for false designation of origin/unfair competition under state and federal law. Miller’s operates approximately seventy sports bar … Continue reading →

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Checkered result for Uber: some false advertising claims survive

Posted on March 16, 2016 by rtushnet

Checker CAB Philadelphia, Inc. v. Uber Technologies, Inc., 2016 WL 950934, NO. 14-7265 (E.D. Pa. Mar. 7, 2016)   Checker sued Uber and Google for Lanham Act and RICO violations.  Unsurprisingly, this opinion kicks out Google and RICO, leaving Uber … Continue reading →

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I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim

Posted on March 15, 2016 by rtushnet

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim   Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Mar. 14, 2016)   Lions Gate sued TD for … Continue reading →

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Reading list: dilution fails an empirical test

Posted on March 14, 2016 by rtushnet

Christo Boshoff , The lady doth protest too much: a neurophysiological perspective on brand tarnishment, 25 J. Product & Brand Management (2016):   [C]onsumers’ emotional responses to a series of brand tarnishment advertisements are investigated in this study. The purpose … Continue reading →

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Private Law & IP, Remedies and Prizes

Posted on March 12, 2016 by rtushnet

Session 7: Remedies and Prizes Moderator: Chief Judge Patti B. Saris (D. Mass.): 50% of all claim constructions are reversed, and 80% of all damages.  So judges are interested in improvements.   John M. Golden, “Reasonable Certainty in Contract and … Continue reading →

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Private Law & IP, Standards

Posted on March 12, 2016 by rtushnet

Session 6: Standards Moderator: Kirti Gupta   Jorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”: Private ordering structure arises when public enforcement mechanisms are unavailable (crime syndicates, rural settings) or less efficient/logical (credit … Continue reading →

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