Author Archives: rtushnet

Copyright year in review

Posted on December 10, 2020 by rtushnet

I had a great time presenting this to the Copyright Society of Los Angeles. My slides. This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may … Continue reading →

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Pirate donut’s TM claim against Dunkin X’ed out

Posted on December 9, 2020 by rtushnet

Grazette v. Bitcoin of America, LLC, 2020 WL 6789352, No. 19-CV-4837 (MKB) (E.D.N.Y. Sept. 30, 2020) Despite the main name here, the question presented is whether the design on a gift card sold by Dunkin’ Donuts “counterfeit[s]” the trademarked logo … Continue reading →

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advertising injury insurance covers false advertising/patent case despite exclusions

Posted on December 9, 2020 by rtushnet

In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by … Continue reading →

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it’s not misleading to advertise the same thing with two names and two prices

Posted on December 9, 2020 by rtushnet

 Lokey v. CVS Pharmacy, Inc., 2020 WL 6822890, No. 20-cv-04782-LB (N.D. Cal. Nov. 20, 2020) Lokey alleged that CVS violated the FAL/UCL/CLRA by marketing its CVS-branded infant pain-and-fever medicine at a higher price (up to two and a half times … Continue reading →

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MGM ekes out motion to dismiss TM claim against movie content

Posted on December 9, 2020 by rtushnet

Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc., No. CV 20-4822-PLA, 2020 WL 6875178 (C.D. Cal. Oct. 23, 2020) The Honey Badger case continues to screw up 9th Circuit law, here making a movie’s protection against allegations of trademark … Continue reading →

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When is “verified by [platform]” an actionable misrepresentation about authenticity?

Posted on December 8, 2020 by rtushnet

Choon’s Design, LLC v. Contextlogic Inc., 2020 WL 6891824, No. 19-cv-05300-HSG (N.D. Cal. Nov. 24, 2020) Defendant Contextlogic runs Wish, which is allegedly a “bargain hunting retail website and smartphone shopping application,” with 94 percent of its merchants based in … Continue reading →

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Georgia “data breach as unfair trade practice” claim fails

Posted on December 8, 2020 by rtushnet

Collins v. Athens Orthopedic Clinic, 849 S.E.2d 213, A18A0296 (Ga. Ct. App. 2020) Former and current patients filed a putative class action against the Athens Orthopedic Clinic for negligence, breach of implied contract, unjust enrichment, attorney fees, injunctive relief under … Continue reading →

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mere direct competition doesn’t plausibly plead false advertising standing

Posted on December 8, 2020 by rtushnet

Allbirds, Inc. v. Giesswein Walkwaren AG, 2020 WL 6826487, No. 19-cv-05638-BLF (N.D. Cal. Jun. 4, 2020) Allbirds sued Giesswein for trademark and related claims, and Giesswein counterclaimed for false advertising under state and federal law; the counterclaims are at issue … Continue reading →

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Power pack plausibly promises more than it delivers

Posted on December 8, 2020 by rtushnet

Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared … Continue reading →

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failure to disclose influencer payment/review connections is misleading

Posted on December 7, 2020 by rtushnet

EIS, Inc. v. Wow Tech Int’l GMBH, 2020 WL 7027528, No. 19-1227-LPS (D. Del. Nov. 30, 2020) The parties make vibrators. EIS sued defendants for violations of the Lanham Act, Delaware common law on unfair competition, the Delaware Deceptive Trade … Continue reading →

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