Author Archives: rtushnet

transformative work of the day, football edition

Posted on September 8, 2014 by rtushnet

Also Jenny Holzer edition.  (Images from the EA maddengiferator, so perhaps all the real issues are on the Holzer side.) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reasonable psychologist would treat "must pay" dues as mandatory

Posted on September 8, 2014 by rtushnet

In re APA Assessment Fee Litigation, — F.3d —-, 2014 WL 4377770, No. 13–7032 (Sept. 5, 2014) The American Psychological Association (APA) is a national nonprofit organization representing clinical, research, and academic psychologists.  Members pay annual fees billed on a … Continue reading →

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trade dress must be visual; Octane Fitness applies to Lanham Act

Posted on September 8, 2014 by rtushnet

Fair Wind Sailing, Inc. v. Dempster, Nos. 13-3305 & 14-1572, — F.3d – (3d Cir. Sept. 4, 2014) Fair Wind, a sailing school, sued Virgin Island Sailing School (VISS) and its co-founder Scott Dempster, alleging trade dress infringement and unjust … Continue reading →

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Avis tries harder–to obscure extra fees

Posted on September 4, 2014 by rtushnet

Schwartz v. Avis Rent A Car System, LLC, 2014 WL 4272018, No. 11–4052 (D.N.J. Aug. 28, 2014) I’m blogging this case because of its discussion of the use of consumer perception experts in class actions, which seems to be on … Continue reading →

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Wells Fargo can’t show irreparable harm from lost control of goodwill

Posted on September 4, 2014 by rtushnet

A great example of why trademark owners are nervous about facing eBay. Wells Fargo and Co. v. ABD Insurance and Financial Services, Inc., 2014 WL 4312021, No. C 12–3856  (N.D. Cal. Aug. 28, 2014) The district court previously denied Wells … Continue reading →

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"strictest industry standards" can be false when performance is bad enough

Posted on September 3, 2014 by rtushnet

Muhler Company, Inc. v. Window World of N. Charleston LLC, 2014 WL 4269078, No. 2:11–cv–00851 (D.S.C. Aug. 28, 2014) This is a default judgment.  The parties compete to supply and install replacement windows in Charleston County, South Carolina, and in … Continue reading →

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Business consumer can’t bring Lanham Act claim after Lexmark

Posted on September 3, 2014 by rtushnet

Locus Telecommunications, Inc. v. Talk Global, LLC, No. 14–1205, 2014 WL 4271635 (D.N.J. Aug. 28, 2014) Defendant Expansys allegedly made a false statement on a website promoting its product, personal identification numbers (“PINs”) used to add minutes to prepaid cell … Continue reading →

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religious catalog doesn’t have a prayer on trade dress claims

Posted on September 3, 2014 by rtushnet

Gerffert Co., Inc. v. Dean, — F.Supp.2d —-, 2014 WL 4258275, No. 09–CV–266 (E.D.N.Y. Aug. 29, 2014) Gerffert sued Dean for infringement of its trade dress in catalogs for religious products, catalogs that featured the “iconic” artwork of Fratelli Bonella, … Continue reading →

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Breaking (season) bad: Apple’s season pass promise could violate UCL

Posted on September 3, 2014 by rtushnet

Lazebnik v. Apple, Inc., 2014 WL 4275008, No. 5:13–CV–04145 (N.D. Cal. Aug. 29, 2014) The plaintiff sued Apple for misrepresenting its Breaking Bad “season pass.”  As the court explained, “[f]rom the time Season 5 of Breaking Bad was first announced, … Continue reading →

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Distributor can be sued for direct false advertising under Lexmark

Posted on September 2, 2014 by rtushnet

Toddy Gear, Inc. v. Navarre Corp., 2014 WL 4271631,  No. 13 CV 8703 (N.D. Ill. Aug. 26, 2014) Toddy Gear makes the Toddy Smart Cloth, “a double-sided microfiber cloth with an antimicrobial coating crafted for scratch-free cleaning of extremely sensitive … Continue reading →

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