Category Archives: preemption

A little bit pregnant: miscounting pregnancy duration as false advertising

Posted on June 11, 2014 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2014 WL 2526965 (S.D.N.Y. June 3, 2014) C&D sued SPD for false advertising over its pregnancy test advertising. The court denied SPD’s motion to dismiss. The … Continue reading →

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A bit more on Pom

Posted on April 22, 2014 by rtushnet

I wonder whether this was the first Supreme Court brief featuring a color picture?  Also, I should probably add a tag for Pom, same as I have for Google.  Feels a bit like giving in, though. Anyway: Transcript of oral … Continue reading →

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Pom Wonderful post-argument

Posted on April 21, 2014 by rtushnet

I’ll be speaking at this AU Washington College of Law event, which will be webcast (follow the link). Panelists: Brian Boynton, Partner, Wilmer Hale Rebecca Tushnet, Professor, Georgetown Law School Samuel Gedge, Associate, Wiley Rein LLP Moderated by Prof. Christine Farley, … Continue reading →

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FDA has a standard, so no Lanham Act claim can be made

Posted on April 15, 2014 by rtushnet

OraLabs, Inc. v. Kind Group LLC, 2014 WL 1395954, No. 13–cv–00170 (D. Colo. Apr. 10, 2014) The court adopted the magistrate judge’s recommendation to deny Kind leave to amend its counterclaims to add a Lanham Act false advertising claim. OraLabs … Continue reading →

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Next Great Copyright Act Conference, quasi-copyright

Posted on April 4, 2014 by rtushnet

Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading →

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

tuna surprise: undisclosed slack fill was plausibly misleading

Posted on March 31, 2014 by rtushnet

Hendricks v. StarKist Co., No. 13–cv–729, 2014 WL 1244770 (N.D. Cal. Mar. 25, 2014) Hendricks brought the usual California claims against Starkist alleging that its canned tuna products were underfilled (anywhere from 1.1% to 17.3% less tuna than there was … Continue reading →

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unjust enrichment claim preempted once patent claim fails

Posted on March 12, 2014 by rtushnet

Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396 (S.D.N.Y. 2013) Previous opinions in this case between thermometer competitors, mostly addressing trademark issues now out of the case (I skipped the patent parts).  After a jury trial, the jury … Continue reading →

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Topside Pom Wonderful briefs

Posted on March 6, 2014 by rtushnet

I was unfortunately unable to work on an amicus brief in Pom Wonderful, but the good news is that INTA did participate. Petitioner’s brief. Generic Pharmaceutical Association (in support of neither party). INTA. United States (in support of neither party). … Continue reading →

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Informal administrative inquiry doesn’t preclude lawsuit over "organic"

Posted on February 24, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., 2014 WL 556732, No. C 11–03082 (N.D. Cal. Feb. 10, 2014) (magistrate judge) Plaintiffs sued Hain alleging that it marketed its “Avalon Organics” and “Jason” cosmetic products as organic when they were not made … Continue reading →

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A consumer protection case for Fox Mulder?

Posted on February 21, 2014 by rtushnet

Hey, I get to make an X-Files reference! Lilly v. ConAgra Foods, Inc., — F.3d —-, 2014 WL 644706 (9th Cir. Feb. 20, 2014) Lilly alleged that the tasty coating on sunflower seed shells is designed to be eaten, and … Continue reading →

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