Author Archives: rtushnet

scientific claims in ordinary ads aren’t protected opinion

Posted on December 24, 2014 by rtushnet

Eastman Chemical Co. v. Plastipure, Inc., 2014 WL 7271384, No. 13–51087 (5th Cir. Dec. 22, 2014) A jury found that Plastipure (and defendant CertiChem) engaged in false advertising (discussed here).  The court of appeals affirmed the entry of an injunction.  … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

you can’t a accuse competitor of lawbreaking when courts have ruled against you

Posted on December 18, 2014 by rtushnet

Paul Davis Restoration, Inc. v. Everett, No. 14–C–1534, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014) Following a series of unsuccessful lawsuits with Paul Davis Restoration, Inc., Matthew Everett, a former franchisee, began running a radio ad: This is a … Continue reading →

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irreparable harm is permissible inference, Third Circuit rules

Posted on December 18, 2014 by rtushnet

Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here.  Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its advertising for its steam … Continue reading →

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

Soul survivor: publicity and TM claims against recorded performance fail

Posted on December 17, 2014 by rtushnet

Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014) This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve gone a lot … Continue reading →

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

the intersection of FTC US origin guidelines and the Lanham Act

Posted on December 17, 2014 by rtushnet

A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part Deauville’s motion to dismiss. … Continue reading →

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

Is a bigger sucker a protected consumer?

Posted on December 15, 2014 by rtushnet

Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014) How sophisticated can you be and still be a consumer for the purpose of consumer protection law?  Pretty sophisticated, in some … Continue reading →

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

restrictions on lawyer ads touting past results unconstitutional

Posted on December 15, 2014 by rtushnet

Rubenstein v. Florida Bar, No. 14–CIV–20786, 2014 WL 6979574 (S.D. Fla. Dec. 9, 2014) Florida bars attorney advertising from referring to past results, which a Bar task force held in 1997 were inherently misleading to laypeople, because cases that appear … Continue reading →

Posted in advertising, commercial speech, first amendment | Leave a comment

Consumer suit against juice name preempted

Posted on December 15, 2014 by rtushnet

Bell v. Campbell Soup Co.,  No. 4:14cv291, 2014 WL 6997611 (N.D. Fla. Dec. 11, 2014) The facts are essentially the same as in Pom Wonderful v. Coca-Cola, but the result is that only competitors, not consumers, can sue for false … Continue reading →

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

Transformative use of the day, judicial edition

Posted on December 12, 2014 by rtushnet

Judge uses cartoon in opinion to explain rebuke of lawyer.  Reporting on opinion includes separate reproduction of cartoon.  Two levels of transformation?  (Side note: the judge feels the need to explain the joke, which may say something about judicial humor … Continue reading →

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

PTO roundtable on the accuracy and integrity of the TM register

Posted on December 12, 2014 by rtushnet

USPTO Roundtable: Ensuring the Accuracy and Integrity of the Trademark Register (Note: I wasn’t able to attend in person so I just didn’t get names) Debbie Kahn, commissioner for TMs Registration renewals: pilot requiring additional proof of use for 500 … Continue reading →

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