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

no Lanham Act standing for misrepresentation by seller to buyer

Posted on March 3, 2014 by rtushnet

Nature’s Products, Inc. v. Natrol, Inc., 2013 WL 7738172, No. 11–62409 (S.D. Fla. Oct. 7, 2013) The parties had business dealings from the late 1990s through 2011. In 2001, they executed an open-ended indemnity agreement applying to any products Natrol … Continue reading →

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Lance Armstrong has a rare good day: consumer protection claims dismissed

Posted on March 3, 2014 by rtushnet

Martin v. FRS Company, No. CV-13-01456 (C.D. Cal. Feb. 25, 2014) FRS makes energy and sports drinks and related goods. Lance Armstrong was an equity owner and brand ambassador for FRS who participated in FRS’s marketing and ad strategy. Martin … Continue reading →

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

FTC successfully imposes individual liability on high-level employee

Posted on March 3, 2014 by rtushnet

Federal Trade Commission v. Ross, 2014 WL 703739, No. 12-2340 (4th Cir. Feb. 25, 2014) The hits (by which I mean FTC victories) just keep on coming. Here, the FTC sued Innovative Marketing and several of its high-level executives and … Continue reading →

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The dangers of monetizing a Twitter feed

Posted on March 3, 2014 by rtushnet

I’ve seen commentary about how this article on the successful monetization of photostream Twitter accounts by a company called Kulfoto ignores that the copyright situation of the photos it shares seems to be … unclear at best  However, I was … Continue reading →

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false comparative ads lead to profit disgorgement

Posted on March 3, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading →

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Trademark Scholars’ Roundtable part 3

Posted on March 1, 2014 by rtushnet

Session 3: Comparing The Two Dimensions Discussant:  Mark McKenna Why is it difficult to stick to product/geographic markets as a topic? Both dimensions have consumer-facing concerns (how will consumers actually understand the uses in different markets) and other considerations (practical … Continue reading →

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Trademark Scholars Roundtable, part 2

Posted on February 28, 2014 by rtushnet

Session 2: The Product Market Dimension Robert Burrell: why do we treat territorial and product markets so differently? In the UK there was never any Q that nationwide protection was going to be the result of registration.  Always understood to … Continue reading →

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Trademark Scholars Roundtable

Posted on February 28, 2014 by rtushnet

Sixth Trademark Scholars Roundtable: The Territorial and Product Market Dimensions of Trademark Law, UT Austin Session 1: The Territorial/Geographic Market Dimension Graeme Dinwoodie: territoriality is becoming more important in reconciling local and global markets. Lionel Bently: Geographic localism used to … Continue reading →

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Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

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FTC wins big against diabetes treatment claims

Posted on February 27, 2014 by rtushnet

Federal Trade Commission v. Wellness Support Network, Inc., 2014 WL 644749, No. 10–cv–04879 (N.D. Cal. Feb. 19, 2014) (magistrate judge) The FTC sued Wellness and its principals Robert Held and Robyn Held for false advertising and deceptive practices in the … Continue reading →

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