Author Archives: rtushnet

dig if you will the picture

Posted on April 14, 2014 by rtushnet

Bold Rock bottle in green Rolling Rock bottle Rolling Rock and Bold Rock.  Too bold? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

Standard false advertising case doesn’t involve public benefit in Minn.

Posted on April 14, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc., No. 13–2451, 2014 WL 1379082 (D. Minn. Apr. 8, 2014) Select Comfort and Tempur Sealy compete to sell mattresses, with Select Comfort owning registered marks for Select Comfort and Sleep Number.  Defendant … Continue reading →

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

Phone resale not infringing even when reseller defaults

Posted on April 10, 2014 by rtushnet

T–Mobile USA, Inc. v. Chong, 2014 WL 1350896, No. C13–29 (W.D. Wash. Apr. 4, 2014) T-Mobile moved for the second time for default judgment; the court only granted it in part, though giving T-Mobile what it wanted in the form … Continue reading →

Posted in contracts, trademark | Leave a comment

Here to cheer on a mission from Garcia

Posted on April 9, 2014 by rtushnet

This story about a Raiderette’s lawsuit against the Raiders for violating employment law is interesting in itself, but an eagle-eyed correspondent points out that there is a very important word missing in the contract (attached to the complaint) post-Garcia.  Here … Continue reading →

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

Uber alles except unfair competition

Posted on April 9, 2014 by rtushnet

I predict that Mark Lemley will not like this decision but that Mark McKenna will. Boston Cab Dispatch, Inc. v. Uber Technologies, Inc., 2014 WL 1338148 No. 13–10769 (D. Mass. Mar. 27, 2014) Plaintiffs sued Uber for false advertising, unfair … Continue reading →

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

predictions of future events aren’t actionable false advertising

Posted on April 9, 2014 by rtushnet

Duty Free Americas, Inc. v. Estée Lauder Cos., 2014 WL 1329359, No. 12–60741 (S.D. Fla. Mar. 31, 2014) This is mostly an antitrust case; the antitrust claims are all dismissed because no one wins antitrust cases.  DFA operates duty-free stores … Continue reading →

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

using metatags/buying AdWords isn’t trademark use

Posted on April 9, 2014 by rtushnet

Radiancy, Inc. v. Viatek Consumer Products Group, Inc., 2014 WL 1318374, No. 13–cv–3767 (S.D.N.Y. Apr. 1, 2014) And now for a different result on the pleading standards for affirmative defenses!  Among the many arguments in this case, Viatek raised unclean … Continue reading →

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

Twiqbal doesn’t apply to unclean hands defense

Posted on April 9, 2014 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 12–2999, 2014 WL 1272109 (D.N.J. Mar. 27, 2014) Newborn sued its competitor Albion for allegedly falsely advertising its dispensing guns (used to apply sealants and adhesives) as made in the US when … Continue reading →

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

Statements about quality care were puffing despite standard of care

Posted on April 8, 2014 by rtushnet

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc., No. 2:13–cv–00909, 2014 WL 1320281 (D. Utah Mar. 31, 2014) ISC sued IHC for violations of the Lanham Act and Utah’s Truth in Advertising Act and intentional interference with actual/prospective economic … Continue reading →

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

Statements to sellers of must-have component actionable under Lanham Act

Posted on April 8, 2014 by rtushnet

TriStar Investors, Inc. v. American Tower Corp., No. 3:12–cv–0499, 2014 WL 1327663 (N.D. Tex. Apr. 3, 2014) Cell towers are mostly owned and operated by tower companies, which rent wireless carriers the right to locate equipment on their towers.  Most … Continue reading →

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