Category Archives: defamation

failure to show damage from accusation of falsity dooms counterclaims

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

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Can you patent the Barbra Streisand effect?

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

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

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

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Ad agency liability for false advertising without scienter

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

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I talk about defamation law

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

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

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

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commercial advertising or promotion post-Lexmark

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

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art collector lacks remedy against foundation’s claim of inauthenticity

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

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Allegations of fake independent reviews state false advertising claim

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

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Allegations of trademark "theft" falsifiable; other epithets puffery

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

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