Category Archives: Uncategorized

IPSC: Fair Use

Posted on August 9, 2019 by rtushnet

Matthew Sag, Loyola University Chicago School of Law The Missing Theoretical Foundation of Transformative Use Campbell v. Acuff Rose had lots of changes to the work and explicit critical stance v. original—the only reason the Sixth Circuit held not fair … Continue reading →

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on 12(b)(6), court holds that “blockchain” could be distinctive for one co’s digital wallets

Posted on August 9, 2019 by rtushnet

Blockchain Luxembourg S.A. v. Paymium, SAS, No. 18 Civ. 8612 (GBD) (S.D.N.Y. Aug. 7, 2019) The Second Circuit really doesn’t want to kick out trademark claims early.  I can easily imagine a court in the Seventh Circuit using the flexibility … Continue reading →

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storage container promise of “optimal environment” to keep produce fresh isn’t puffery

Posted on August 8, 2019 by rtushnet

Zearfoss v. Rubbermaid, Inc., 2019 WL 2902495, No. 18-cv-06392-AB (ASx) (C.D. Cal. Apr. 18, 2019) Rubbermaid sells a line of food storage containers called FreshWorks Produce Saver Products, advertising on the outside packaging in large bold print “Keeps Produce Fresh … Continue reading →

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Statement that advertiser is “2.0” version of competitor is puffery

Posted on August 8, 2019 by rtushnet

GeoMetWatch Corp. v. Hall, 2019 WL 3537297, No. 1:14-cv-60 (D. Utah Aug. 2, 2019) GeoMet and Advanced Weather Systems Foundation (AWSF) negotiated to create a joint venture for the purpose of constructing and deploying a satellite-hosted weather sensor system and … Continue reading →

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pharma databases as commercial speech? court says maybe

Posted on August 8, 2019 by rtushnet

Alfasigma USA, Inc. v. First Databank, Inc., 2019 WL 3532844, No. 18-cv-06924-HSG (N.D. Cal. Aug. 2, 2019) Alfasigma sued First Databank for state and federal false advertising after it re-classified Alfasigma medical food products from Class F (prescription) to Class … Continue reading →

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7th Cir: descriptive component of distinctive slogan can be descriptive fair use

Posted on August 8, 2019 by rtushnet

SportFuel, Inc. v. PepsiCo., Inc., No. 18‐3010 (7th Cir. Aug. 2, 2019) SportFuel, which among other things sells dietary supplements, sued Gatorade after Gatorade rebranded itself with the slogan, “Gatorade The Sports Fuel Company.” The court of appeals affirmed a … Continue reading →

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London sights for TM aficionados

Posted on August 6, 2019 by rtushnet

Pictures taken while traveling. The geographic attractiveness of the “American” carwash is enhanced by the slogan “The Cadillac of London car washes.” Adidas/marijuana leaf in center. from Blogger https://ift.tt/2YEtYQH

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false advertising trolling, consumer protection, or both

Posted on August 3, 2019 by rtushnet

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading →

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C&D to competitor’s clients can be “commercial advertising & promotion”

Posted on July 30, 2019 by rtushnet

Matonis v. Care Holdings Gp., L.L.C., No. 19-cv-20247-UU, 2019 WL 3386378 (S.D. Fla. Jul. 25, 2019) The defendant Care Companies engage in healthcare management consulting, “advising healthcare providers on, inter alia, patient intake strategies and revenue management.”  Plaintiff Matonis is … Continue reading →

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California SCt rejects record-keeping ascertainability requirement

Posted on July 30, 2019 by rtushnet

Noel v. Thrifty Payless, Inc., — P.3d —-, 2019 WL 3403895, S246490 (Cal. Jul. 29, 2019) Noel brought a putative class action on behalf of retail purchasers of an inflatable outdoor pool sold in packaging that allegedly misled buyers about … Continue reading →

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