Author Archives: rtushnet

a tasty copyright analogy

Posted on January 6, 2014 by rtushnet

Jonathan Lethem on the overexpansion of copyright rights, from an author who depends in part on copyright for his living: “It’s like there’s ten miles of frosting on a cake. I like the cake, I might cling to the cake, … Continue reading →

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News for storage jars containing sugar

Posted on January 2, 2014 by rtushnet

The NYT discusses searches for new sugar substitutes, along with legal/advertising aspects of their promotion: [W]hat about the consumers who are drawn to “natural” claims — will they still go for stevia when it flows from a vat of G.M.O.’s? … Continue reading →

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possible profit recovery means TM case continues

Posted on January 2, 2014 by rtushnet

It’s a 10, Inc. v. Beauty Elite Group, Inc., 2013 WL 6834804, No. 13–60154 (S.D. Fla. Dec. 23, 2013) Previous discussion.  Plaintiff sells It’s a 10 Miracle Leave in Product for hair: Defendant’s directly competing product was allegedly confusingly similar … Continue reading →

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"Natural" is too vague to be false advertising

Posted on January 2, 2014 by rtushnet

Balser v. Hain Celestial Group, Inc., No. CV 13–05604, 2013 WL 6673617 (C.D. Cal. Dec. 18, 2013)   Plaintiffs sued Hain for using “natural” and “100% vegetarian” on over 30 of its cosmetics, and the court dismissed the complaint.  Fraud … Continue reading →

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Claims relating to organic content completely preempted

Posted on January 2, 2014 by rtushnet

Quesada v. Herb Thyme Farms, Inc., — Cal. Rptr. 3d —-, No. B239602, 2013 WL 6730808 (Ct. App. Dec. 23, 2013) The court found that the federal Organic Foods Production Act of 1990 preempts state consumer lawsuits alleging violations of … Continue reading →

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Sleep Number no more: false advertising but not TM claims get TRO

Posted on January 1, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc.,  No. 13–2451, 2013 WL 6767821 (D. Minn. Dec. 23, 2013) Select Comfort, which sells Sleep Number/Select Comfort mattresses, sought a TRO against Mattress Firm (one of the defendants), a mattress retailer that … Continue reading →

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Taking on notorious criminal’s persona is protected by First Amendment

Posted on December 28, 2013 by rtushnet

Ross v. Roberts, No. B242531, 2013 WL 6780578 (Cal. Ct. App. Dec. 23, 2013) Ricky Ross, aka Rick Ross and “Freeway” Ricky Ross, “is a former criminal who achieved some sort of celebrity status due, in part, to the enormous … Continue reading →

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Irrationally sexist advertising

Posted on December 20, 2013 by rtushnet

PETA notoriously has a lot of ad campaigns focusing on women’s bodies and sexuality.  Two recent studies suggest that this backfires: dehumanizing women reduces intentions to support the organization.  It’s a mantra that half of all advertising dollars are wasted–but … Continue reading →

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House brands in Australia

Posted on December 20, 2013 by rtushnet

The IP Whiteboard has an interesting series of posts on house brands imitating national brand trade dress in Australia, including pictures.  I also didn’t know about JP Morgan’s “Bitcoin-like” patent application. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Firm that refers instead of represents might be falsely advertising

Posted on December 19, 2013 by rtushnet

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading →

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