Author Archives: rtushnet

Switching tomato varieties but keeping nearly exact labels may be misleading

Posted on February 22, 2024 by rtushnet

Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione … Continue reading →

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Descriptive mark Bike+ w/minimal marketing fails to show reverse confusion

Posted on February 21, 2024 by rtushnet

World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No. 21-cv-03202-LB (N.D. Cal. Feb. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. It sued Peloton for trademark infringement and … Continue reading →

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CFP: trademark, competition, or antitrust law

Posted on February 20, 2024 by rtushnet

 I received a request to disseminate this CFP from the Jerzy Wiszniewski Foundation. Works in any of the following fields may be entered in the competition: Օ Trademark law Օ Competition law Օ Antitrust law. The work may be a … Continue reading →

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New piece: A Hobgoblin Comes for Internet Regulation

Posted on February 20, 2024 by rtushnet

 My contribution to From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Regulation and Copyright. from Blogger http://tushnet.blogspot.com/2024/02/new-piece-hobgoblin-comes-for-internet.html

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Cardozo A&ELJ symposium, Trademark

Posted on February 16, 2024 by rtushnet

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. While I have many questions … Continue reading →

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Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

Posted on February 16, 2024 by rtushnet

Keynote Address, Amy Adler, (How) Should Courts Interpret the Meaning of Art? Warhol was confused/confusing; lower courts are all over the place in response. Ushered in sea change in terms of how it was used in art cases. For years, … Continue reading →

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False patent marking claims survive even when Dastar bars false advertising claims based on “innovation”

Posted on February 16, 2024 by rtushnet

Lashify, Inc. v. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. Tex. Jan. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash … Continue reading →

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Damages questions preclude certifying a Lanham Act false advertising plaintiff class

Posted on February 16, 2024 by rtushnet

Ciccio v. SmileDirectClub, LLC, 2024 WL 559235, No. 3:19-cv-00845 (M.D. Tenn. Feb. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Under … Continue reading →

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misrepresentation to Amazon isn’t “commercial advertising or promotion”

Posted on February 16, 2024 by rtushnet

Amazon.com, Inc. v. Wong, 2024 WL 553695, NO. C19-0990JLR (W.D. Wash. Feb. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon and Nite Ize sued Wong for selling hundreds of thousands … Continue reading →

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FTC’s new rule against impersonation includes notice of supplemental rulemaking on impersonating individuals

Posted on February 16, 2024 by rtushnet

 Read all about it. from Blogger http://tushnet.blogspot.com/2024/02/ftcs-new-rule-against-impersonation.html

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