Author Archives: rtushnet

ALI CLE event on Lexmark, Pom, etc.

Posted on June 17, 2014 by rtushnet

First, I apologize for the slew of RSS feed updates you may recently have received if you subscribe via an RSS reader like Feedly—the feed has apparently been broken since early May. I was still here though!  If you’re interested, … Continue reading →

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

Such a lonely word: "honest" isn’t puffery

Posted on June 16, 2014 by rtushnet

Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent lab testing determined that the … Continue reading →

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

infringement isn’t disparagement for advertising injury purposes

Posted on June 16, 2014 by rtushnet

Hartford Casualty Ins. Co. v. Swift Distribution, Inc., No. S207172, 2014 WL 2609753 (Cal. June 12, 2014) The California Supreme Court here provides a relatively rare state court interpretation of the scope of an advertising-related insurance policy.  Hartford insured Swift … Continue reading →

Posted in disparagement, insurance, trademark | Leave a comment

mortgages and the UCL: an occasional series

Posted on June 16, 2014 by rtushnet

Pestana v. Bank of America, 2014 WL 2616840, No. A137566 (Cal. Ct. App. June 12, 2014) Pestana sued his mortgage loan servicers (BoA) after BoA denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), … Continue reading →

Posted in california, consumer protection, unfairness | Leave a comment

A little more than kin: prominent house mark overcomes weak evidence of confusion

Posted on June 16, 2014 by rtushnet

KIND LLC v. Clif Bar & Co., 2014 WL 2619817, No. 14 Civ. 770 (S.D.N.Y. June 12, 2014) KIND sought a preliminary injunction against Clif Bar’s new trade dress for its MOJO bars; the court denied the motion.  KIND defines … Continue reading →

Posted in surveys, trademark | Leave a comment

POM Won: a summary of the ruling

Posted on June 13, 2014 by rtushnet

POM Wonderful LLC v. Coca-Cola Co., No. 12–761, 573 U.S. — (June 12, 2014) POM sued Coca-Cola for falsely advertising a “pomegranate blueberry” juice blend with 0.3% pomegranate juice and 0.2% blueberry juice. The Ninth Circuit found this claim precluded … Continue reading →

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The Pom Wonderful ruling has arrived

Posted on June 12, 2014 by rtushnet

It is here.  Pom wins reversal. More to come. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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selling to multiple hospitals isn’t "advertising or promotion" when total market is large

Posted on June 12, 2014 by rtushnet

Synthes, Inc. v. Emerge Medical, Inc., 2014 WL 2579286, — F. Supp. 2d — (E.D. Pa. June 5, 2014) This is a big case involving trade secrets/former employees who started a competing medical device firm. I’m just going to cover … Continue reading →

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animal rights organizations have standing to challenge bull run

Posted on June 12, 2014 by rtushnet

Animal Legal Defense Fund v. Great Bull Run, LLC, 2014 WL 2568685, No. 14–cv–01171 (N.D. Cal. June 6, 2014) ALDF and PETA sued defendants under California’s UCL to enjoin them from operating a bull run. The court denied the motion … Continue reading →

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Success has many copies: HathiTrust

Posted on June 11, 2014 by rtushnet

Authors Guild, Inc. v. HathiTrust, No. 12‐4547 (2d Cir. June 10, 2014) Several research universities allowed Google to scan their collections; then they created a repository for the digital copies, the HathiTrust Digital Library (HDL), which currently has 80 member … Continue reading →

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