Author Archives: rtushnet

11th Circuit recognizes contributory false advertising theory

Posted on August 12, 2015 by rtushnet

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading →

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Noncommercial speaker can’t get fees for successfully defending Lanham Act claim

Posted on August 11, 2015 by rtushnet

Tobinick v. Novella, 2015 WL 4698549,  NO. 9:14–CV–80781  (S.D. Fla. Aug. 6, 2015)   The defendant Society for Science–Based Medicine, Inc., which won dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  … Continue reading →

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Be very afraid: another court refuses to find irreparable harm despite confusion

Posted on August 11, 2015 by rtushnet

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading →

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Noncommercial speaker can’t get fees for successfully defending Lanham Act claim

Posted on August 11, 2015 by rtushnet

Tobinick v. Novella, 2015 WL 4698549,  NO. 9:14–CV–80781  (S.D. Fla. Aug. 6, 2015)   The defendant Society for Science–Based Medicine, Inc., whichwon dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  The … Continue reading →

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Be very afraid: another court refuses to find irreparable harm despite confusion

Posted on August 11, 2015 by rtushnet

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Reading list: measuring sponsorship materiality

Posted on August 11, 2015 by rtushnet

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading →

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Reading list: measuring sponsorship materiality

Posted on August 11, 2015 by rtushnet

Reading list: Matthew B. Kugler, Measuring Sponsorship Materiality.  Abstract:   The problem of sponsorship confusion is one of the most vexing in trademark law. Mark owners often claim that the use of their marks in movies or on merchandise will … Continue reading →

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overclaiming study results to apply to unstudied product can be false/misleading

Posted on August 10, 2015 by rtushnet

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading →

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overclaiming study results to apply to unstudied product can be false/misleading

Posted on August 10, 2015 by rtushnet

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading →

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7th Amendment provides jury right for TM profits as proxy for damages

Posted on August 10, 2015 by rtushnet

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading →

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