Category Archives: dastar

false advertising claim based on "innovative/unique" survives

Ferris Mfg. Corp. v. Carr, No. 14 C 04663, 2015 WL 279355 (N.D. Ill. Jan. 21, 2015)   Ferris sued Roy Carr and Curaline. Ferris makes various wound care products, allegedly award-winning and covered by several patents.  Carr was formerly … Continue reading

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Failure to disclose potato variety isn’t misleading

Zuckerman Family Farms, Inc. v. Bidart Bros., No. 1:14–cv–01529, 2014 WL 7239423 (E.D. Cal. Dec. 17, 2014)   Plaintiffs sued for violation of the Plant Variety Protection Act (PVPA), the Lanham Act, and California Business Practices Code section 17200 et … Continue reading

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Dastar bars false advertising claim based on patent filing

Akzo Nobel Surface Chemistry LLC v. Stern, 2014 WL 6910212, No. 2:13–CV–00826 (S.D. Ohio Dec. 8, 2014) Akzo makes specialty chemicals, including adjuvants, which are additives that modify the properties of the main ingredient in formulations.  Stern was formerly employed … Continue reading

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B&N almost entirely off the hook for copying backpack design

Rubio v. Barnes & Noble, Inc., 2014 WL 6769150, No. 14–CV–6561 (S.D.N.Y Nov. 11, 2014) Rubio sued her alma mater, the Fashion Institute of Technology (FIT) and Barnes & Noble, Inc. for copying her original drawing of a backpack, producing … Continue reading

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unauthorized photo use doesn’t create false advertising claim for photo owners

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g.,,, and  … Continue reading

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Which false advertising claims are barred by Dastar?

A.H. Lundberg Associates, Inc. v. TSI, Inc., No. C14–1160, 2014 WL 5365514 (W.D. Wash. Oct. 21, 2014) The parties compete to make and supply equipment to various processing industries. Defendant TSI specializes in wood and biomass, and began purchasing plaintiff … Continue reading

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Phantom trademark of the Opera: Dastar bars Slep-Tone’s claim

(There are a lot of Slep-Tone cases floating out around there. I like this one.) Slep-Tone Entertainment Corp. v. Canton Phoenix Inc., 3:14-cv-00764 (D. Or. Sept. 4, 2014) (magistrate judge) Slep-Tone, a maker of karaoke CDs, alleged that defendants (a … Continue reading

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selling a book without authorization doesn’t violate Lanham Act

Smith v., LLC, No. 1:12-cv-04374, 2014 BL 263099 (S.D.N.Y. Sept. 23, 2014) Smith wrote a book, Hardscrabble. He contracted with Smashwords, an online ebook distributor, to sell his book. Smashwords distributed Smith’s book to its retail partners, including B&N, … Continue reading

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Allegedly false inventorship/ownership claim could be false advertising

Parallel Synthesis Technologies, Inc. v. DeRisi, 2014 WL 4748611, No. 5:13-cv-05968 (N.D. Cal. Sept. 23, 2014) (magistrate judge) Plaintiff Parallel, allegedly “seduced by the potential for a long-term partnership,” shared its proprietary Parallume assay with DeRisi, a professor of biochemistry … Continue reading

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A hologram and a straight-up application of Dastar

Pulse Entertainment Corp. v. David, No. CV 14-4732 (C.D. Cal. Sept. 17, 2014)  This case concerns a lifelike animation of Michael Jackson performing a previously unreleased song that appeared during the 2014 Billboard Music Awards and a related CNN interview … Continue reading

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