Author Archives: rtushnet

Failure to allege agency relationship leads to fee award

Posted on October 11, 2013 by rtushnet

Anastasia Int’l, Inc. v. EM Online Pty Ltd., No. 13 Civ. 2919, 2013 WL 5550211 (S.D.N.Y. Oct. 4, 2013) Anastasia sued various defendants for trademark infringement and false advertising, along with related state torts.  Anastasia runs Anastasiadate.com, an “international dating … Continue reading →

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

Trademarks as celebrities?

Posted on October 11, 2013 by rtushnet

Briefly noted, this advice from Fredrikson & Byron PA: “It can be a good thing to think of your trademarks as celebrities and of yourself as their agent, publicist, bodyguard and fan.”  I couldn’t disagree more (though I’m intrigued by … Continue reading →

Posted in right of publicity, trademark | Leave a comment

The milk of human lawsuits

Posted on October 9, 2013 by rtushnet

Gitson v.Trader Joe’s Company, No. 13–cv–01333, 2013 WL 5513711 (N.D. Cal. Oct. 4, 2013)   Plaintiffs sued over “evaporated cane juice” and got basically the result in Wallaby, previously summarized.  They also alleged that certain soy milk products were labeled … Continue reading →

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

sugar by any other name unlawful, but not misleading

Posted on October 9, 2013 by rtushnet

Morgan v. Wallaby Yogurt Company, Inc., No. 13–cv–00296, 2013 WL 5514563 (N.D. Cal. Oct. 4, 2013) Another “evaporated cane juice” claim, here for yogurt that used that term in its ingredients list instead of “sugar” or “dried cane syrup.”  The … Continue reading →

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

Samsung made a vid (sort of) as an ad

Posted on October 8, 2013 by rtushnet

The wrist-phone has been long promised, as this Samsung ad indicates.  Vidding is the act or process of creating a fan-oriented video or “fanvid” using live-action TV or movie footage set to music (or other audio).  The Samsung ad even … Continue reading →

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

"unlimited" service that was actually limited could deceive consumers

Posted on October 7, 2013 by rtushnet

Chapman v. Skype Inc., — Cal.Rptr.3d —-, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely advertised its voice over IP calling plans as “Unlimited” when they actually limited the number of minutes per … Continue reading →

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

mere lack of substantiation isn’t actionable by consumers

Posted on October 7, 2013 by rtushnet

Nilon v. Natural-Immunogenics Corp., No. 3:12cv00930, 2013 WL 5462288 (S.D. Cal. Sept. 30, 2013) Defendant NI sells a colloidal silver dietary supplement, “basically positively charged silver particles suspended in purified water,” that claims to provide immune support.  Nilon bought it … Continue reading →

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

another evaporated cane juice plaintiff gets to proceed

Posted on October 7, 2013 by rtushnet

Werdebaugh v. Blue Diamond Growers, No. 12–CV–02724, 2013 WL 5487236 (N.D. Cal. Oct. 2, 2013) The usual California claims, this time directed at Blue Diamond’s almond milk products and snack foods, which allegedly falsely claimed to be “All Natural” despite … Continue reading →

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

This NYT story on mugshot removal has it all

Posted on October 6, 2013 by rtushnet

Mugged by a Mugshot: Right of publicity claims, extortion claims, state-level attempts to deal with for-profit databases whose claims to promote the public interest are made somewhat less plausible by their willingness to pull down the pictures of those who … Continue reading →

Posted in first amendment, right of publicity | Leave a comment

You know a survey’s been done badly

Posted on October 3, 2013 by rtushnet

… when it produces a negative net confusion rate. Water Pik, Inc. v. Med-Systems, Inc. No. 12-1065 (10thCir. Aug. 29, 2013) Highlights: when SinuCleanse, SinuSense, and NeilMed neti pot packages were shown to survey respondents, 29 of the 198 total … Continue reading →

Posted in surveys, trademark | Leave a comment