Author Archives: rtushnet

Even a default can’t make false claims made to Amazon violate the Lanham Act

Posted on August 19, 2021 by rtushnet

Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed … Continue reading →

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claims that “infant” formula misleadingly implies special formulation survives

Posted on August 19, 2021 by rtushnet

Youngblood v. CVS Pharmacy, 2020 WL 8991698, No. 20-cv-06251-MCS-MRW (C.D. Cal. Oct. 15, 2020) Youngblood bought an acetaminophen product for infants, believing based on its packaging that it was specifically formulated for infants and therefore different from CVS’s acetaminophen product … Continue reading →

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43(a)(1)(A) claims are hard to win against a TM registrant

Posted on August 19, 2021 by rtushnet

Zamfir v. CasperLabs, LLC, 2021 WL 1164985, No. 21cv474-GPC(AHG) (S.D. Cal. Mar. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain … Continue reading →

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D’s own ads prove materiality of difference between Fraser and balsam firs

Posted on August 19, 2021 by rtushnet

Evergreen East Cooperative v. Bottomley Evergreens & Farms, Inc., 2021 WL 1163799, No. 20-cv-184 (AJN) (S.D.N.Y. Mar. 26, 2021) “Christmas tree distributor Evergreen East Cooperative claims that its rival Bottomley Evergreens & Farms sold mislabeled trees through retail partners including … Continue reading →

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TM question of the day: This Ain’t Goya spice blend

Posted on August 18, 2021 by rtushnet

 This Ain’t Goya spice blend. Suppose the makers sought registration for this as a trademark for spice blends. Would prohibiting registration violate the First Amendment? from Blogger https://ift.tt/2XEU0Er

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Overreaching and delay lead to defeat of TM owner’s claims

Posted on August 18, 2021 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. CIV. 11-5052-JLV (D.S.D. Mar. 29, 2021) This is part of a long-running trademark case, now over 10 years old. After a jury verdict for SMRI and … Continue reading →

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industry group’s safety/risk/legality claims were plausibly false or misleading

Posted on August 18, 2021 by rtushnet

Pharmacychecker.Com, LLC v. National Ass’n of Boards of Pharmacy, 2021 WL 1199363, — F. Supp. 3d –, No. 19-CV-7577 (KMK) (S.D.N.Y. Mar. 30, 2021) Plaintiff “offers an accreditation program for pharmacies and provides drug price comparison information.” Unlike its competitors, … Continue reading →

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Vegan butter wins again

Posted on August 18, 2021 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading →

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malt “cocktails” with no wine or spirits were plausibly misleading

Posted on August 17, 2021 by rtushnet

Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and … Continue reading →

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Bank had no duty to disclose limits to PPP loan applicants

Posted on August 17, 2021 by rtushnet

Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which … Continue reading →

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