Author Archives: rtushnet

Laches bars Fitbug’s TM claim against Fitbit

Posted on February 2, 2015 by rtushnet

Fitbug Ltd. v. Fitbit, Inc., 2015 WL 350923, No. 13-1418 (N.D. Cal. Jan. 26, 2015)   Fitbit and Fitbug both make wearable electronic fitness tracking devices that connect to the internet and to other devices. They both have federal registrations. … Continue reading →

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Dastar doesn’t bar true reverse passing off claim

Posted on February 2, 2015 by rtushnet

Luxul Technology Inc. v. NectarLux, LLC, — F.Supp.3d —-, 2015 WL 352048, No. 14-CV-03656 (N.D. Cal. Jan. 26, 2015)   Luxul makes LED products. Its patented EazyLux LED tube lamps can replace fluorescent tube lamps without rewiring. The parties contracted … Continue reading →

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failure to conform exclusion precludes insurance coverage of false advertising

Posted on February 2, 2015 by rtushnet

General Star Indem. Co. v. Driven Sports, Inc., — F.Supp.3d —-, 2015 WL 307017, No. 14–CV–3579 (E.D.N.Y. Jan. 23, 2015)   General Star issued an insurance policy to Driven, which sold a “pre-workout energy supplement” called “Craze.” Driven was sued … Continue reading →

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Trademark overreach of the day: ICE says "Yankees Suck" infringes

Posted on January 31, 2015 by rtushnet

Your tax dollars at work, protecting America from infringing merchandise: I don’t have much brief for protecting counterfeits, but I find it hard to believe this is the best use of public resources: “Gross misspellings of superstars’ names are one … Continue reading →

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Dastar-barred claim survives both as false advertising and false designation

Posted on January 30, 2015 by rtushnet

Advanced Fluid Systems, Inc. v. Huber, 28 F. Supp. 3d 306 (M.D. Pa. 2014)   AFS sued Huber for violations of the Lanham Act, the CFAA, the Pennsylvania Uniform Trade Secrets Act, and various common law claims.  AFS designs and … Continue reading →

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DC rejects POM’s FTC challenge

Posted on January 30, 2015 by rtushnet

Via the Consumer Law & Policy Blog.  I must digest both lunch and this ruling, but I will definitely have more to say soon. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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false advertising claim based on "innovative/unique" survives

Posted on January 30, 2015 by rtushnet

Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015)   Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents.  Carr was formerly … Continue reading →

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consumer survey on patent value admissible despite serious flaws

Posted on January 30, 2015 by rtushnet

Sentius Int’l, LLC v. Microsoft Corp., No. 5:13-cv-00825, 2015 WL 331939 (N.D. Cal. Jan. 23, 2015) (magistrate judge)   A little different today: this is a survey in a patent case trying to determine the value of a patented feature … Continue reading →

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False PAC advertising?

Posted on January 28, 2015 by rtushnet

This detailed Politico story suggests that there’s a fraudulent misrepresentation problem, but that the FEC can’t do much about it. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Distributor’s TM registration blocks manufacturer’s claim

Posted on January 26, 2015 by rtushnet

Mighty Enterprises, Inc. v. She Hong Indus. Co. Ltd., 2015 WL 276771, No. 2:14–cv–06516 (C.D. Cal. Jan. 22, 2015)   Mighty distributes and services heavy machinery. She Hong makes heavy machinery under the name “Hartford.” Mighty sued She Hong for … Continue reading →

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