Author Archives: rtushnet

Prior proceedings: no confusion where defendant existed for 100 years

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading

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No need to name competitor if context does

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198,  No. 14 CV 9754 (N.D. Ill. May 8, 2015)   The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel dispensing filters … Continue reading

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SDNY allows consumer “organic” claims to proceed

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015)   Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,” or “all natural.”  … Continue reading

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SDNY allows consumer "organic" claims to proceed

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015)   Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,” or “all natural.”  … Continue reading

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Hypo of the day, Denny’s edition

This might require a bit of background.  Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising.  As a result, … Continue reading

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Hypo of the day, Denny’s edition

This might require a bit of background.  Tumblr is a social media platform very popular with a demographic of young users; Yahoo! bought Tumblr and is trying to figure out how to make it profitable through advertising.  As a result, … Continue reading

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Reading list: entertainment franchises and Drassinower

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “entertainment industry” … Continue reading

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“Handmade” is too vague to be actionable for bourbon

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015)   Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim … Continue reading

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Reading list: entertainment franchises and Drassinower

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “entertainment industry”values … Continue reading

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

"Handmade" is too vague to be actionable for bourbon

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015)   Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim … Continue reading

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