Category Archives: Uncategorized

“studies prove” as puffery?

Posted on September 24, 2019 by rtushnet

Sorry for the photo quality, but I was quite struck by the claim: “Studies Prove That Live Shows Add Years to Your Life. Who Are We to Argue with Science?” Query whether reasonable consumers would receive a “tests prove” message.  … Continue reading →

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Laches bars Peloton Magazine’s claim against Peloton

Posted on September 24, 2019 by rtushnet

Move Press, LLC v. Peloton Interactive, Inc., No. LA CV18-01686 JAK (RAOx), 2019 WL 4570018 (C.D. Cal. Sept. 5, 2019) It’s hard to prove reverse confusion!  Featuring a cameo by IP’s own Orly Lobel. Move Press uses PELOTON in connection … Continue reading →

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pharmaco gets summary judgment against compounder on falsity/unlawfulness

Posted on September 23, 2019 by rtushnet

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4545960, No. 17-cv-01551-DOC-JDE (C.D. Cal. Mar. 27, 2019) The parties compete in the market for ophthalmic drugs. Imprimis sells its ophthalmic drugs pursuant to Sections 503A and 503B of the FDCA … Continue reading →

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scientific debates can ordinarily be resolved in false advertising cases

Posted on September 23, 2019 by rtushnet

Pax Water Technologies, Inc. v. Medora Corp., 2019 WL 4390567, No. LA CV18-09143 JAK (AGRx) (C.D. Cal. Aug. 5, 2019) The parties compete in the market for water treatment technologies for municipalities, public water agencies and districts, and private parties. … Continue reading →

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“Hawaiian” plus imagery isn’t deceptive indication of origin (or is it?)

Posted on September 23, 2019 by rtushnet

Maeda v. Kennedy Endeavors, Inc., No. 18-00459 JAO-WRP, 2019 WL 4544272 (D. Hawai’i Sept. 19, 2019) Kennedy sells “Hawaiian” brand snacks; plaintiffs alleged that the name and packaging misled them into thinking that the snacks were made in Hawai’i from … Continue reading →

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Southern Poverty Law Center’s “hate group” designation isn’t false advertising, false association

Posted on September 23, 2019 by rtushnet

Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., No. 17cv566-MHT, 2019 WL 4547064 (M.D. Ala. Sept. 19, 2019) Coral Ridge sued the Southern Poverty Law Center (SPLC), Amazon.com, and the AmazonSmile Foundation. It alleged that, “because of its religious opposition … Continue reading →

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coconut milk could mislead by claiming “no cholesterol” where it’s too high fat for that label

Posted on September 20, 2019 by rtushnet

Marshall v. Danone US, Inc., No. 19-cv-01332-RS, 2019 WL 4509045, — F. Supp. 3d — (N.D. Cal. Sept. 13, 2019) Marshall brought a putative class action alleging false advertising (the usual California claims) against Silk coconut milk, which on its … Continue reading →

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outdated website uses preserve TM infringement claim; false use of (R) doesn’t matter if it doesn’t cause harm

Posted on September 19, 2019 by rtushnet

Max Rack, Inc. v. Core Health & Fitness, LLC, 2019 WL 4451698, No. 16-cv-01015 (S.D. Ohio Sept. 17, 2019) Sloppy website maintenance likely denies defendant what otherwise would have been summary judgment victory on its ex-partner/now-competitor’s trademark infringement claims; meanwhile, … Continue reading →

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calling NBC’s lawyers: gold company can claim #1 rank by Today Show, can’t make additional misrepresentations

Posted on September 18, 2019 by rtushnet

Express Gold Cash, Inc. v. Beyond 79, LLC, 2019 WL 4394567, No. 18-cv-00837 EAW (W.D.N.Y. Sept. 13, 2019) The parties are two of the top competitors in the market for nationwide mail-in precious metals purchases. When a customer mails in … Continue reading →

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Use of under 10% of photos in catalogue raisonné was fair use

Posted on September 16, 2019 by rtushnet

De Fontbrune v. Wofsy, No. 5:13-cv-05957-EJD (N.D. Cal. Sept. 12, 2019) De Fontbrune first sued defendants in France in the late 1990s for publishing a book, The Picasso Project, which reproduced photographs of Picasso’s works. (Defendants allegedly used over 1400 … Continue reading →

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