Author Archives: rtushnet

UCL claim against Twitter survives where advertiser allegedly was charged for bot activity

Posted on August 18, 2020 by rtushnet

DotStrategy Co. v. Twitter Inc., 2020 WL 4465966, No. 19-cv-06176-CRB (N.D. Cal. Aug. 3, 2020) Twitter “promises advertisers on its platform that they will only be charged when “people” interact with the accounts or Tweets they are paying to promote.” … Continue reading →

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continued claim, including failure to edit existing YouTube video, leads to contempt finding

Posted on August 17, 2020 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., 2020 WL 4368103, No. TDC-15-1356 (D. Md. Jul. 30, 2020) Disclosure: I filed an amicus brief in support of De Simone on one legal issue (the proper standard for a Lanham Act literal falsity … Continue reading →

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patent publication privilege mostly protects licensee against licensor’s false advertising claims

Posted on August 17, 2020 by rtushnet

 AU New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW, 2020 WL 4366394 (S.D.N.Y. Jul. 30, 2020) Summarizing only a few key issues: YKK entered into an exclusive licensing agreement (the ELA) with the owners of a recently issued patent. The … Continue reading →

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9th Cir. revives suit against allegedly deceptive “prescription pet food” marketing

Posted on August 17, 2020 by rtushnet

Moore v. Mars Petcare US, Inc., No. 18-15026, — F.3d —-, 2020 WL 4331765 (9th Cir. Jul. 28, 2020) Over a dissent, the court of appeals reversed the dismissal of plaintiffs’ claims based on allegedly deceptive marketing of “so-called prescription … Continue reading →

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Covid cure “church” can’t avoid false advertising investigation

Posted on August 17, 2020 by rtushnet

 Morningside Church, Inc. v. Rutledge, 2020 WL 4333539, — F.Supp.3d —-, No. 3:20-cv-05050-MDH (W.D. Mo. Jul. 7, 2020) “Plaintiffs are a not-for-profit corporation, which describes itself as a church, a for-profit corporation, wholly owned by the church, and an individual … Continue reading →

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White Kit Kats not misleading, court rules, despite consumer perception

Posted on August 14, 2020 by rtushnet

Rivas v. Hershey Co.,  2020 WL 4287272, 19-CV-3379(KAM)(SJB) (E.D.N.Y. Jul. 27, 2020) Another not-white chocolate case. The Kit Kat White is coated “in a white confection coating.” Plaintiff alleged that Hershey marketed it as an “alternative[ ]” to the dark … Continue reading →

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“all IP” puts C&D recipient on notice of TM (R), and a bit on the meaning of blue check marks

Posted on August 14, 2020 by rtushnet

Commodores Entertainment Corp. v. McClary, Nos. 19-10791, 19-12819, — Fed.Appx. —-, 2020 WL 4218236 (11th Cir. Jul. 23, 2020) As quickly summarized by the court: The prolonged dispute concerns the ownership of the mark “The Commodores,” the name of a … Continue reading →

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safe harbors under consumer protection law are mostly limited to very specific approvals

Posted on August 14, 2020 by rtushnet

Patane v. Nestlé Waters North America, Inc., No. 3:17-cv-01381 (JAM), 2020 WL 4677636, — F. Supp. 3d – (D. Conn. Aug. 12, 2020)  This case offers a nice overview of the safe harbor provisions in several consumer protection laws. Short … Continue reading →

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fake not-really-third-party reviews can be commercial advertising or promotion

Posted on August 14, 2020 by rtushnet

Sanho Corp. v. KaiJet Tech. Int’l Ltd., No. 1:18-cv-05385-SDG, 2020 WL 4346881 (N.D. Ga. Jul. 29, 2020) Sanho owns rights in a design patent that claims the ornamental design for a multi-function docking station colloquially known as the “HYPERDRIVE,” and … Continue reading →

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statements to 3 of 15 market participants weren’t “commercial advertising or promotion”

Posted on August 13, 2020 by rtushnet

Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, No. 18 Civ. 04208 (ER), 2020 WL 4586892 (S.D.N.Y. Aug. 10, 2020)  Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for allegedly falsely telling … Continue reading →

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