Author Archives: rtushnet

Dastar prevents misrepresentation of source of IP from being material

Posted on October 4, 2021 by rtushnet

Restellini v. Wildenstein Plattner Inst., Inc., 2021 WL 4340824, No. 20 Civ. 4388 (AT) (S.D.N.Y. Sept. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity–I’m not sure materiality is really the right characterization, but … Continue reading →

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Dastar doesn’t bar allegedly false advertising about source of planned development services

Posted on October 4, 2021 by rtushnet

LStar Development Gp., Inc. v. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. Sept. 23, 2021) LStar, which manages and sells development communities, sued defendants for trademark infringement, false designation of origin, and false advertising under the Lanham Act, as well … Continue reading →

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USC IP year in review, TM/ROP

Posted on October 4, 2021 by rtushnet

 My presentation, galloping across a bunch of developments. Slides here. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of … Continue reading →

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emails to 12 customers weren’t commercial advertising or promotion

Posted on October 1, 2021 by rtushnet

Elias Indus., Inc. v. Kissler & Co., 2021 WL 409835, No. 20-CV-01011-CCW (W.D. Pa. Feb. 5, 2021) Elias is a wholesale distributor of plumbing parts that primarily sells OEM plumbing parts. Kissler is a plumbing repair part manufacturer and distributor … Continue reading →

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maintaining outdated article on website about former supplier wasn’t false association

Posted on October 1, 2021 by rtushnet

Archi’s Acres, Inc. v. Whole Foods Market Service, Inc., 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. Cal. Feb. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. Whole Foods began purchasing small quantities of basil from … Continue reading →

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“Krab mix” plausibly misleads as to crab content

Posted on October 1, 2021 by rtushnet

Kang v. P.F. Chang’s China Bistro, Inc., 844 Fed.Appx. 969, 2021 WL 463443, No. 20-55138 (9th Cir. Feb. 9, 2021) Plaintiff plausibly alleged that reasonable consumers “are likely to be deceived” by defendant’s use of the term “krab mix” on … Continue reading →

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Reading list: The Powerpoint Channel

Posted on October 1, 2021 by rtushnet

Lynn M. Lopucki, The Powerpoint Channel From the intro: This article seeks to contribute to the development of the PowerPoint channel by describing a theory and style for PowerPoint teaching of law. By “style” I mean a particular combination of … Continue reading →

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contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

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Survey flaws prevent it from saving vanilla false advertising claim

Posted on September 30, 2021 by rtushnet

Clark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D. Cal. Apr. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of … Continue reading →

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No organizational standing where advocacy campaigns didn’t change

Posted on September 30, 2021 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading →

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