Category Archives: Uncategorized

falsely advertising “proprietary” and “exclusive” material isn’t actionable under Dastar

Crocs, Inc. v. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D. Colo. Sept. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes … Continue reading

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both being on an app store and not being on an app store make confusion likely

Reflex Media, Inc. v. Luxy Ltd., 2021 WL 4134839, No. 2:20-cv-00423-RGK-KS (C.D. Cal. Jul. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Potential … Continue reading

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TM claimant may add false advertising claims as direct competitor

Entrepreneur Media, Inc. v. Roach, 2021 WL 4134836, No. 8:20-cv-01690-JVS-AD (C.D. Cal. Jul. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur has 15 federal registrations that … Continue reading

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TM complainant fails to sink its teeth into unrelated false advertising claims

Vampire Family Brands, LLC v. MPL Brands, Inc., No. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. Cal. Aug. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive … Continue reading

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“first urgent care” practice claim isn’t material or literally false

American Family Care, Inc. v. Medhelp, P.C., 2021 WL 4149782, No. 2:19-CV-01325-LSC (N.D. Ala. Sept. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this … Continue reading

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Second Circuit requires confusion for counterfeiting

Hamilton International Ltd. v. Vortic LLC, No. 20-3369-cv (2d Cir. Sept. 14, 2021) A small note about this case affirming a finding that vintage Hamilton pocketwatch movements converted to wristwatches were not likely to cause confusion under Champion and Polaroid: … Continue reading

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scientific studies don’t have to be of D’s product exactly for plausibility

Rosenfeld v. AC2T, Inc., 2021 WL 4197176, No. 1:20-cv-04662-FB-PK (E.D.N.Y. Sept. 15, 2021) Rosenfeld alleged that defendants fraudulently marketed a mosquito control product called “Spartan Mosquito Eradicator.” Spartan’s advertising allegedly touted that the product will “significantly decrease[ ] [mosquito] population … Continue reading

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Video game skates away from liability to pro skateboarder

Miller v. Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 20cv02187-LAB-DEB (S.D. Cal. Sept. 16, 2021) Gordon v. Drape did mess things up in the Ninth Circuit, but core Rogers cases are still simple. Defendants paid Zachary Miller, a … Continue reading

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Another reason for statehood: DC law can’t confer organizational standing beyond Article III

Clean Label Project Found. v. Garden Of Life, LLC, 2021 WL 4318099, No. 20-3229 (RC) (D.D.C. Sept. 23, 2021) CLP, a non-profit, sued Garden of Life, a seller of prenatal supplements, for unlawful trade practices in violation of the District … Continue reading

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FB’s “Russian state-controlled media” label wasn’t commercial advertising or promotion

Maffick LLC v. Facebook, Inc., 2021 WL 1893074, No. 20-cv-05222-JD (N.D. Cal. May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the … Continue reading

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