Category Archives:

Pure mourning: Pom fails to get preliminary injunction again

Pom Wonderful LLC v.  Pur Beverages LLC, No. 13-cv-06917 (C.D. Cal. Aug. 6, 2015)    Pom fares no better its second time around. Although the court of appeals previously found likely confusion between its marks and defendant’s “pūr pŏm” energy … Continue reading

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11th Circuit recognizes contributory false advertising theory

Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., — F.3d —- (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015)   Plaintiff DFA operates duty free stores in many international airports nationwide.  It sued Estée Lauder, arguing … Continue reading

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Noncommercial speaker can’t get fees for successfully defending Lanham Act claim

Tobinick v. Novella, 2015 WL 4698549,  NO. 9:14–CV–80781  (S.D. Fla. Aug. 6, 2015)   The defendant Society for Science–Based Medicine, Inc., whichwon dismissal of Lanham Act claims against it, moved for attorneys’ fees, and the court denied the motion.  The … Continue reading

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Be very afraid: another court refuses to find irreparable harm despite confusion

Williams v. Green Valley RV, Inc., 2015 WL 4694075, No. 8:15–CV–01010 (C.D. Cal. Aug. 6, 2015)   Basically, in the Ninth Circuit, you might not be able to get a preliminary injunction in a trademark case unless the defendant’s quality … Continue reading

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overclaiming study results to apply to unstudied product can be false/misleading

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading

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7th Amendment provides jury right for TM profits as proxy for damages

Black & Decker Corp. v. Positec USA Inc., — F.Supp.3d —-, 2015 WL 4656749, No. 11–cv–5426 (N.D. Ill. Aug. 5, 2015   The parties compete to sell power tools.  B&D alleged that Positec infringed their patents and trademarks in the … Continue reading

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IPSC: closing comments

Closing Plenary Session   Joshua Sarnoff, DePaul University College of Law: Size affects nature of presentation, time, allotted, depth of development, audience participation.  Makes a personal promise to read papers in sessions he plans to go to—thinks that this will … Continue reading

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IPSC, Copyright Theory III

Copyright Theory III   Abraham Bell, Bar Ilan University The Dual-Grant Theory of Fair Use   Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the … Continue reading

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IPSC: Copyright again

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading

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IPSC, Copyright Theory II

Copyright Theory II    Brad Greenberg Columbia Law School Bizarro Copyright   Does having lots of different antennas in one place v. all over the place make a difference to whether there is public performance? Central question of Aereo: looks … Continue reading

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