Author Archives: rtushnet

pharmaceutical equivalence isn’t therapeutic equivalence/FDA approval

Posted on August 20, 2021 by rtushnet

Concordia Pharmaceuticals Inc., S.À.R.L. v. Winder Laboratories, LLC, 2021 WL 3573118, No. 16-cv-00004-RWS (N.D. Ga. Feb. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Winder … Continue reading →

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Advocacy organization lacked standing to litigate over foie gras claims

Posted on August 20, 2021 by rtushnet

Voters for Animal Rights v. D’artagnan, Inc., 2021 WL 1138017, No. 19-CV-6158 (MKB) (E.D.N.Y. Mar. 25, 2021) Plaintiff, a nonprofit dedicated to advancing the interests of citizens who support animal protection, alleged that defendants violated sections 349 and 350 of … Continue reading →

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Be kind, certify a class

Posted on August 20, 2021 by rtushnet

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 15md2645, 15mc2645 (S.D.N.Y. Mar. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” … Continue reading →

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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

Posted on August 20, 2021 by rtushnet

Three very similar cases involving the same plaintiff. Roof Maxx Technol., LLC v. Holsinger, 2021 WL 3617153, No. 2:20-cv-03154 (S.D. Ohio Aug. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend … Continue reading →

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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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