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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Category Archives: damages
claims about conduct’s legality don’t violate Lanham Act
Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 11–cv–775, 2014 WL 1456347 (M.D. Fla. Apr. 14, 2014) Previously, there have been several opinions in this false advertising case between competitors in the urine testing market. Here, Millennium won summary judgment on … Continue reading
dispute over reliability of state of the art goes to trial
Nellcor Puritan Bennett LLC v. CAS Medical Systems, Inc., No. 2:11–cv–15697, 2014 WL 1304428 (E.D. Mich. Mar. 28, 2014) The parties compete to sell cerebral oximeters, used by surgeons and anesthesiologists to monitor the oxygen saturation level of blood in … Continue reading
Next Great Copyright Act Conference, remedies
Remedies and Enforcement Moderator: Mitchell Zimmerman, Fenwick & West LLP To copyright maximalists, the entire population of the world seems to be Holmes’ bad man. Corynne McSherry, Electronic Frontier Foundation Broad agreement on need to fix, even if we don’t … Continue reading
infringement can occur even if consumers don’t remember it
Beastie Boys v. Monster Energy Co., No. 12 Civ. 6065 (SDNY Mar. 18, 2014) The Beastie Boys sued for copyright infringement and trademark infringement based on Monster’s allegedly unauthorized use of Beastie Boys music to accompany a video promoting a … Continue reading
Copyright infringement doesn’t violate the Lanham Act
Masck v. Sports Illustrated, No. 13-10226 (E.D. Mich. Mar. 10, 2014) Previous discussion, in which I got exercised about the court’s misapplication of Dastar, herein corrected. Masck took an “iconic” photo of defendant Desmond Howard, running for a touchdown during … Continue reading
Deference to the PTO’s acceptance of a specimen and tacking
Reynolds Consumer Products, Inc. v. Handi-Foil Corp., 2014 WL 794277, No. 13-cv-214 (E.D. Va. Feb. 27, 2014) Reynolds sued Handi-Foil, its competitor in the market for aluminum foil, for trade dress infringement and false advertising. Here, the court rejects Handi-Foil’s … Continue reading
Glass houses: incidental use of sculpture in photo is fair
Neri v. Monroe, No. 11-cv-429 (W.D. Wis. Feb. 26, 2014) (magistrate judge), on remand from 726 F. 3d 989 (7th Cir. 2013) From the outside, this doubtless expensive dispute looks like it resulted from an artist whose outrage over a … Continue reading
FTC successfully imposes individual liability on high-level employee
Federal Trade Commission v. Ross, 2014 WL 703739, No. 12-2340 (4th Cir. Feb. 25, 2014) The hits (by which I mean FTC victories) just keep on coming. Here, the FTC sued Innovative Marketing and several of its high-level executives and … Continue reading
false comparative ads lead to profit disgorgement
General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading
PTO/NTIA Green Paper Hearing, statutory damages
Department of Commerce Public Meeting: Copyright Policy, Creativity, and Innovation in the Digital Economy United States Patent and Trademark Office – Madison Auditorium Live webcast available at: https://new.livestream.com/uspto/copyright The Appropriate Calibration of Statutory Damages: Individual File Sharers and Secondary Liability … Continue reading