Category Archives: http://schemas.google.com/blogger/2008/kind#post

you can’t a accuse competitor of lawbreaking when courts have ruled against you

Posted on December 18, 2014 by rtushnet

Paul Davis Restoration, Inc. v. Everett, No. 14–C–1534, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014) Following a series of unsuccessful lawsuits with Paul Davis Restoration, Inc., Matthew Everett, a former franchisee, began running a radio ad: This is a … Continue reading →

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

irreparable harm is permissible inference, Third Circuit rules

Posted on December 18, 2014 by rtushnet

Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here.  Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its advertising for its steam … Continue reading →

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

Soul survivor: publicity and TM claims against recorded performance fail

Posted on December 17, 2014 by rtushnet

Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014) This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve gone a lot … Continue reading →

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

the intersection of FTC US origin guidelines and the Lanham Act

Posted on December 17, 2014 by rtushnet

A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part Deauville’s motion to dismiss. … Continue reading →

Posted in california, fda, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Is a bigger sucker a protected consumer?

Posted on December 15, 2014 by rtushnet

Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014) How sophisticated can you be and still be a consumer for the purpose of consumer protection law?  Pretty sophisticated, in some … Continue reading →

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

Consumer suit against juice name preempted

Posted on December 15, 2014 by rtushnet

Bell v. Campbell Soup Co.,  No. 4:14cv291, 2014 WL 6997611 (N.D. Fla. Dec. 11, 2014) The facts are essentially the same as in Pom Wonderful v. Coca-Cola, but the result is that only competitors, not consumers, can sue for false … Continue reading →

Posted in consumer protection, fda, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

Transformative use of the day, judicial edition

Posted on December 12, 2014 by rtushnet

Judge uses cartoon in opinion to explain rebuke of lawyer.  Reporting on opinion includes separate reproduction of cartoon.  Two levels of transformation?  (Side note: the judge feels the need to explain the joke, which may say something about judicial humor … Continue reading →

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

Dastar bars false advertising claim based on patent filing

Posted on December 12, 2014 by rtushnet

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 →

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

plaintiff must identify elements of trade dress, specific false claims

Posted on December 12, 2014 by rtushnet

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2014 WL 6892141, No. CV 14–03954 (C.D. Cal. Nov. 5, 2014) Previously, the court granted a preliminary injunction on certain false advertising claims and refused to stop the plaintiff from publicizing that.  Now … Continue reading →

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

It’s all about control: how to get a survey excluded

Posted on December 11, 2014 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., No. RDB–12–2568, 2014 WL 6871581 (D. Md. Dec. 3, 2014) This is a motion to exclude in a false advertising/antitrust case. “This origins of this contentious case lie in a soured business … Continue reading →

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