Category Archives: defamation

failure to show damage from accusation of falsity dooms counterclaims

Posted on June 4, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 3407882, No. C10–861 (W.D. Wash. May 27, 2015) This five-year odyssey ends with a whimper.  Cascade and KFI sell luxury yarns; Cascade initially sued KFI for mislabeling the fiber content of … Continue reading →

Posted in damages, defamation, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Can you patent the Barbra Streisand effect?

Posted on June 2, 2015 by rtushnet

Lawyer sues EFF over its stupid patent of the month award. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in defamation, first amendment, patents | Leave a comment

The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure, right of publicity | Leave a comment

Ad agency liability for false advertising without scienter

Posted on April 24, 2015 by rtushnet

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 1782661 (E.D. Mo. Apr. 20, 2015)   Purina sued Blue Buffalo for false advertising of its dog food as “grain free” and containing “no chicken by-product.” … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure | Leave a comment

I talk about defamation law

Posted on April 7, 2015 by rtushnet

With a bit of background for a story on Rolling Stone’s UVa story (where recklessness may play a key role), and separately for a story on ALEC’s somewhat surprising threats that calling it a climate denialist is defamatory.   http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in defamation | Leave a comment

Even post-Lexmark, Lanham Act isn’t for garden variety defamation claims

Posted on April 2, 2015 by rtushnet

Mitchell v. Sanchez, No. 14–0996–CV, 2015 WL 1393266 (W.D. Mo. Mar. 25, 2015)   Mitchell alleged that defendants incorrectly stated on various media broadcasts that she had AIDS/HIV. She sued for violation of the Lanham Act, invasion of privacy and … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

commercial advertising or promotion post-Lexmark

Posted on March 20, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015)   Steven Novella wrote two articles criticizing the practice of Edward Tobinick, “a doctor who provides medical treatment to patients with ‘unmet medical needs’ via two institutes—‘Edward … Continue reading →

Posted in 230, commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

art collector lacks remedy against foundation’s claim of inauthenticity

Posted on March 11, 2015 by rtushnet

Bilinski v. Keith Haring Foundation, Inc., 2015 WL 996423, No. 14cv1085 (S.D.N.Y. Mar. 6, 2015)   Keith Haring was a “prolific artist and social activist whose work responded to the New York City street culture of the 1980s.”  Plaintiffs alleged … Continue reading →

Posted in commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Allegations of fake independent reviews state false advertising claim

Posted on February 18, 2015 by rtushnet

Swiss America Trading Corp. v. Regal Assets, LLC, 2015 WL 631569, No. CV 14–04960 (C.D. Cal. Feb. 13, 2015)   Swiss competes with Regal to sell precious metals.  The parties promote themselves online and rely on internet reviews and recommendations.  … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure, tortious interference | Leave a comment

Allegations of trademark "theft" falsifiable; other epithets puffery

Posted on February 13, 2015 by rtushnet

Candyland, Inc. v. Cornfields, Inc., No. 14-3119 (D. Minn. Feb. 5, 2015)   Candyland, which sells popcorn, candy, and chocolate, sued Cornfields and Snyder’s Lance for trademark infringement and unfair competition based on their use of the mark Chicago Mix.  … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment